Court discharges man without conviction for 'implausible explanation' for offending behaviour
A professional from Wellington who filmed his colleagues while using the office toilet has avoided conviction after claiming that he only did so to get fired, according to reports.
The man, 37, hid a recording device in the company's unisex toilet cubicle on two occasions. The first date was unknown, while the second date was April 19, 2024, when the device was found, The New Zealand Herald reported.
The camera recorded seven colleagues, including six men and one woman, who used the toilet, with the footage sent directly to the defendant's phone.
Investigators were able to retrieve the footage that the man filmed, according to the Herald report, but no evidence was found that he shared it to others.
In his defence, the defendant attributed his actions to his mental health and said that he wanted to get dismissed from his job.
"That, at first glance, seems an implausible explanation," said Judge Ian Carter from the Wellington District Court, as quoted by The New Zealand Herald.
But reports by a psychologist and counsellor, who the man engaged with, believe that his offending was not sexually motivated.
"That may at first glance seem surprising as the nature of the offending would suggest to most people that that is the likely motivation," Carter said.
According to the psychologist's report, the defendant felt bullied by his own manager. He also has ADHD, and was suffering from stress and anxiety.
"[The defendant] accepts that it was naïve and foolish to have used that particular method to try and end his employment relationship but in context it does seem likely," Carter said.
The judge ultimately accepted the defendant's reason, and let him walk free without any conviction. He also granted him permanent name suppression.
In addition to the experts' reports, Carter also considered the man's prepared letters of apology to each victim, and his voluntary 233 hours of community work. He also noted that none of the footage was shared to anyone else, and that the man had no previous convictions.
"Here I think the consequences, effectively loss of [the defendant's] career and employment prospects in his chosen field, would be disproportionate to the low to moderate gravity of the offending which I have assessed," Carter said as quoted by the Herald.
Despite discharging the defendant, the court still ordered him to pay each victim $350 as emotional harm reparations to them.
According to the court, the man's actions had a significant and serious impact on them.
"All expressed a range of emotions including embarrassment, anger, shock, betrayal of trust and considerable impact," Carter said as quoted by the Herald.
"They felt upset and unsettled and much less trusting than they were before, including in particular when using any toilet or bathroom which is accessible by others, whether in a public space or workplace situation."
