Spy-cam case: Crown appeals against discharge

Police say a judge made errors when a porn-addicted government manager was discharged without conviction and given permanent name suppression after he planted a spy camera in a gym bathroom.

They say the decision was based on the man’s claim he would lose his job and bring his government-owned company into disrepute but there was no evidence either scenario would eventuate.

And they say the judge effectively minimised the seriousness of the offending by relying on the wrong information at sentencing.

The Herald has previously reported the man captured almost 40,000 images of unsuspecting men and women in various states of undress.

His offending was blamed on a diagnosis of erectile dysfunction that led to a growing obsession and eventual addiction to porn which he battled alongside alcoholism and mental health issues.

Yesterday in the High Court at Auckland, Crown Prosecutor Mark Harborow argued the sentencing judge did not have the agreed summary of facts but instead an earlier copy. That “infiltrated everything”, including the assessment of consequences and the judgment regarding name suppression.

The amended summary of facts shows offending that is in a “whole other category” and correctly noted the offending included four separate dates. Velcro attached to the sink indicated he had either more than one camera or placed the same camera in more than one room. In the first video, a naked couple were seen going to use the shower which police could have argued would have “buoyed him” to commit more offending in the hope of capturing sexual activity.

“This is not spontaneous offending.”

Defence lawyer Ron Mansfield said it was not apparent to those in court during the district sentencing that the judge had the wrong summary of facts. If it was accepted the judge had the wrong copy, he argued the case should be remitted back to the district court without a decision being made regarding conviction.

Justice Simon Moore has reserved his decision on the case.