North Shore Times (New Zealand)
Man to pay for covert filming
A former senior Government manager who planted a camera in a gym changing room and filmed people while they were naked has been ordered to pay $1000 to each of his victims.
Phillip Barnes, the former general manager and acting chief executive of the Accreditation Council, was named last year after the Supreme Court declined to hear his appeal.
The council is a Crown entity that accredits medical laboratories, ensuring they conform with international standards.
On Tuesday, Barnes appeared in the North Shore District Court to be resentenced after several appeals through the courts, including New Zealand’s highest court.
Barnes was initially discharged without conviction and given permanent name suppression.
The Crown then appealed successfully to the High Court and Justice Simon Moore convicted Barnes and sent him back to be resentenced in the District Court.
However, Barnes then took the matter to the Court of Appeal where the High Court decision was upheld. He then sought to take his case to the highest court in the land but last May, the Supreme Court declined to hear the case.
It was back before Judge Bennett on Tuesday for his resentencing.
After the camera was found,
PAUL McCREDIE
Barnes pleaded guilty to a representative charge of intentionally making an intimate visual recording. He admitted placing the camera in the changing room on four separate occasions.
On Tuesday, his lawyer Ron Mansfield, QC, again asked for him to be discharged without conviction.
The court was told Barnes had undertaken counselling and 190 hours of community work.
The police prosecutor sought the conviction to stand and emotional harm payments to be paid to victims.
Judge Bennett said there was an invasion of privacy and gross breach of trust in Barnes’ offending.
Judge Bennett refused to discharge Barnes without conviction, however ordered him to pay $1000 to each of his victims.
The judge accepted the community work Barnes had undertaken was sufficient.
‘‘I cannot see further punitive measures are appropriate.’’
When he was named last May, the
Barnes previously said he wanted to ‘‘sincerely apologise’’ to his victims.
‘‘Finally, I apologise to my employer and work colleagues for the impact on them as a result of what I have done when in such a senior and trusted role.’’
However, he said media interest in his case meant his efforts had been in vain.
‘‘My desire for name suppression was entirely driven by a want to protect those innocently hurt by my actions.’’
Barnes said his offending had been driven by ‘‘significant’’ health issues.
Mansfield earlier said his client had developed a chronic addiction to pornography following an adverse medical diagnosis.
‘‘This mistake will never happen again – of that, everybody can be confident,’’ he said.
Barnes went to the Auckland gym at least four times in November 2017 and stuck a small camera under a sink in a unisex changing room.
He captured a naked couple getting into a shower together, as well as other people naked or partially dressed.
According to the police summary of facts, six video recordings were recovered and nearly 40,000 still images were found.
One of the victims said she felt sickened after she learnt she was filmed naked in a place where she expected to be safe.
BURGLARS HIT YOUTH CHARITY FOR THIRD TIME
Staff at the Graeme Dingle Foundation are having their pipes and air conditioners stolen faster than they can replace them, having had their office burgled for the third time in two months. When staff returned to the North Shore office at the start of the year they found a copper pipe had been stolen from behind the building. Before the charity had time to replace it, an air conditioning unit was destroyed and all the copper components removed. Last week, another air conditioner was stolen. This time the whole unit was cleanly removed. The Graeme Dingle Foundation provides mentor programmes for youth.
SEARH FOR MAN AFTER ASSAULT IN DEVONPORT
‘‘This mistake will never happen again – of that, everybody can be confident.’’ Ron Mansfield, QC (pictured)
Police are searching for a man in his 40s who seriously assaulted a woman in Auckland’s Devonport on Tuesday night last week. The woman, in her 30s was assaulted while exercising at a popular walking track at Stanley Bay Park in Devonport. Police are searching for a man in his 40s who is described as having an athletic build, and being clean-shaven with brown hair. He was seen wearing a black cap, black shorts, a black running T-shirt and black gloves. Police are asking residents around Stanley Bay Park, Jim Titchener Parade, Patuone Place, William Bond St and Calliope Rd to check CCTV and dash camera footage between
6pm to 9.30pm on February 8. Anyone with information is asked to police on 105 and quote file number 220209/0390.