Bikini-clad girl pics ‘not indecent’
Photographs of teenage girls in bikinis in a public place would not be indecent and if they did not want to be photographed they should not wear it, a lawyer has told the Supreme Court.
Steven Zindel is acting for Graham Thomas Rowe, 61, who took five pictures of three teenage girls on Kaiteriteri Beach near Nelson without them knowing in January 16.
He was found guilty at trial of doing an indecent act with intent to insult.
‘‘Technology like iPhone means you could be snapped by anybody.
‘‘If they don’t want to be snapped they should not wear that on the beach,’’ he told the Supreme Court justices yesterday.
Zindel said if someone took photographs of what may be seen in public that should not be an offence.
Rowe had maintained at trial that he had been taking pictures for a South Island travel guide and believed he was allowed to take photos in a public place.
He was found guilty at Nelson District Court in January 2017, and was later sentenced to 120 hours’ community work and six months’ supervision.
The Court of Appeal found the jury had enough evidence to arrive at a guilty verdict.
‘‘It is clear, however, from the fact that Mr Rowe used his zoom lens to focus on the three girls that they were the subject of his attention,’’ Justice Graham Lang said.
To the Supreme Court, Zindel said such images were not capable of being indecent - with people choosing to wear what they want to wear and no attempt to take the photo furtively.
‘‘If they chose to wear bikinis and stand up and be photographed by their parents it takes away some of the privacy sting,’’ he said.
He said police had examined Rowe’s computer which had about 8000 images.
About a quarter had girls in them and the rest were bridges and roads and other places Rowe had been.
There was no apparent possession of child porn, or file sharing and Rowe disclaimed any sexual motive and anything malicious was intended.
Rowe did have a previous conviction from 2005 for offensive behaviour after taking photos of school kids on their way to school, Zindel said.
The court has reserved its decision.