A New Zealand man who took pictures of bikini-clad teenage girls has had his indecent act verdict overturned by the Supreme Court.
Justice William Young said Graham Thomas Rowe’s behaviour was ‘creepy’, but didn’t constitute an offence, Stuff reported.
In January 2016, an off-duty police officer found Rowe taking photographs of three teenagers in their swimwear at Kaiteriteri beach near Nelson on the South Island.
A New Zealand man who took pictures of bikini-clad teenage girls has his indecent verdict overturned by the Supreme Court (stock image)
In January 2016, an off-duty police officer found Rowe taking photographs of three teenagers in their swimwear at Kaiteriteri beach near Nelson in the South Islands
Initially, the 61-year-old was convicted for an indecent act with an intent to insult, but all five Supreme Court justices ruled that taking the photos was not illegal.
Justice Young said there was no element of Rowe being an ‘exhibitionist’.
The Supreme Court ruled that there was insufficient evidence to warrant a retrial as it found there was no evidence that Rowe had the intent to distribute the images.
The Court also found it will not be plausible to prove the 61-year-old had the motive to insult or offend the girls.
The defendant’s lawyer Steven Zindel argued taking photographs of the girls in a public place could not be considered as a criminal act.
‘Technology like iPhones means you could be snapped by anybody… if they don’t want to be snapped they should not wear that on the beach,’ he said.
Rowe maintained that he was taking the photographs for a travel guide and was under the impression he was allowed to take the pictures.
Justice William Young (pictured) said Graham Thomas Rowe’s behaviour was ‘creepy’, but it doesn’t constitute as an offence, Stuff reported
But the Crown argued his behaviour was ‘inappropriate, offensive and insulting.’
‘The reality is that creepiness is not a crime,’ Crown prosecutor Sefton Revell said in his closing address.
In January 2017, the Nelson District Court found guilty and later sentenced to six months supervision and 120 hours of community work.
The Supreme Court ruled (pictured) that there was insufficient evidence to warrant a retrial as it found there was no evidence that Rowe had the intent to distribute the images