Bikini snapper’s appeal dismissed

The Court of Appeal has ruled against a Nelson man who argued taking photos of bikini-clad girls on a beach was not itself indecent.

Justice Graham Lang found a Nelson jury had sufficient evidence to find that, given the circumstances, Graham Thomas Rowe’s actions were indecent with intent to insult or offend.

Rowe, 61, was caught taking five photos of three teenage girls on Kaiteriteri Beach without them knowing in January 2016. He 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.

Rowe was found guilty at the Nelson District Court in January this year, and was later sentenced to 120 hours’ community work and six months’ supervision.

An appeal against the conviction was lodged on the basis the jury’s verdict was not supported by the evidence. But the Court of Appeal found the jury had enough evidence to arrive at a guilty verdict.

In the court’s decision, given by Justice Lang, it was stated that had Rowe taken photographs of the beach as a whole, the fact that the three girls were captured in it would not have given the act a ‘‘sufficiently indecent flavour’’.

‘‘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,’’ Lang said.

He said Rowe also took the photos ‘‘surreptitiously’’, crouched behind a campervan, for an extended period without appearing to have an interest in photographing anything else at that time.

Justice Lang said no legitimate reason was given as to why Rowe had taken the photos, other than to build up a collection of photos of young girls, and the jury had to determine whether this was indecent when measured against ‘‘accepted community standards’’.

As to Rowe’s intent, Justice Lang said the trial judge had instructed the jury to determine whether, given the circumstances, Rowe could have honestly felt his actions had no potential to cause insult to the girls.

He said the jury had to ‘‘consider whether Rowe had intended to insult their dignity, including their rights to modesty and privacy, having regard to their age and the general circumstances.’’

Justice Lang also referred to the Crown’s evidence that Rowe had been previously trespassed from the beach.

‘‘This negated his insistence that he did not consider he was doing anything wrong.’’

Graham Rowe argued unsuccessfully that his photos were not indecent because he took them on a public beach.