Fine for photos of women, children using Hagley Park
A man who took 269 photographs around Hagley Park, including many of women and children’s breast and buttock areas, has been convicted of offensive behaviour and fined $600.
Forty-nine-year-old Errol Reginald Standeven, a technician, defended the charge at a hearing before Bob McGregor and Percy Acton-Adams, Justices of the Peace, in the Christchurch District Court today, but was convicted.
“It’s a hobby,” he said. “I like taking photos.”
He had taken those 269 photographs over one or two weeks, he told the hearing.
Asked by defence counsel Keith Owen what made him decide to take a photograph, Standeven replied: “I’m not sure how to answer that one.”
The photographs show people walking or exercising around the park. Many are full-length images, but many also focus on the body area and no faces are visible.
Defence counsel Keith Owen argued that the charge should be dismissed because there was no case to answer. The police had no complaints from the women who had been photographed and had failed to meet the fundamental test to justify the defendant having to answer the allegations.
Police prosecutor Sergeant Kathy Pomfrett said the police did not need complaints from the women in the photographs. “These women didn’t know they were being photographed. We have a complainant who was disgusted by the behaviour. The sheer number of photographs of females’ bottoms and breasts are enough for us to continue with the prosecution.”
Kenneth Hay told of being parked at Hagley Park on July 31 and August 7, discussing work with apprentices, when he saw a car moving “erratically” and parking, and the man inside it taking photographs.
On the second occasion he could clearly see into the vehicle and saw the same man taking photographs of children aged about 12 climbing over the bars into Hagley Park. This time, he took the registration number, EFP353, of the turquoise green Toyota Vitz, and reported it to the police.
“I was disgusted at this male’s actions. It was very clear to me what he was doing. It was disgusting, unacceptable,” said Mr Hay.
Cross-examined by Mr Owen, he said he did not see the photographs, but it was not possible the man had been taking pictures of trees or birds.
Constable Hamish Fair, from the Christchurch South station, said he was directed to the park after a call about a male taking photographs of females, and spoke to Standeven where he had already been stopped nearby. Standeven would not answer any questions.
He found a camera in the vehicle and had the photographs downloaded by the police photography section. He produced them as an exhibit booklet at the hearing. Many were focussed on females between the shoulders and the knees.
Mr Owen asked the officer if he had any complaints from any of the people in the photographs, but none had been identified or traced.
Asked to point out any photo that he thought was offensive, the constable mentioned one that showed a woman in tights running around the park. The photograph showed from her breasts to her knees.
“I think the sheer number of the photographs are offensive,” said Constable Fair.
The JPs decided that the behaviour had to be judged on the basis of what a reasonable person would think of it, in the circumstances, and found the charge proved. “We believe that serious amateur photographers would seek permission from subjects prior to taking photos,” said Mr McGregor.
Mr Owen opposed the police request for an order to destroy the camera a memory card. He said the conviction would be appealed. Standeven had no prior convictions and held a responsible job.
The JPs made the order for destruction of the camera equipment and imposed the fine.
Category: News
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