PUTRAJAYA: A company executive was fined RM10,000 in default five months’ jail by the Court of Appeal here yesterday for insulting the modesty of a housewife by making a video recording of her bathing two years ago.
A three-member panel chaired by Justice Datuk Aziah Ali allowed the prosecution’s appeal to set aside the High Court decision to bound over Izwar Efendi Taswar for two years with a RM5,000 bond in one surety.
Justice Aziah said the court was of the view that Section 294 of the Criminal Procedure Code (the section which allows a court to bound over an accused person if he was a first offender) was not applicable in Izwar’s case due to the circumstances of the case.
She said considering the circumstances in the commission of the offence, the court was unable to find any reason why he committed the offence.
“We take into account that he is a first offender, he is remorseful, had apologised to the victim and had pleaded guilty to the charge,” said Justice Aziah who sat on the panel with Justices Datuk Rohana Yusuf and Datuk Ahmadi Asnawi.
Izwar, 33, was sentenced to five-month jail by the Magistrate’s Court after he pleaded guilty to recording the video of the
23-year-old woman while she was bathing in a bathroom of a condominium in Bandar Sri Permaisuri, Cheras at 11.52am on Jan 11, 2013, using his Samsung Galaxy SII smartphone.
The High Court, however, set aside the jail term and bound over Izwar for two years.
In the court proceeding today, deputy public prosecutor Intan Nor Hilwani Mat Rifin told the court that the offence committed by Izwar was serious even though it did not involve coercion and violence.
“The offence committed by the respondent (Izwar) had caused trauma to the victim.
“The victim had related to the court that she suffered prolonged trauma and had to seek treatment. The victim had to follow her husband to work for fear of being home alone,” she said.
Intan Nor Hilwani also said the victim had also moved out of the condominium.
The deputy public prosecutor also asked the court to restore the five-month jail sentence which was imposed by the Magistrate’s Court.
Counsel M V Kumar said his client (Izwar) was remorseful for what he had done and never meant to hurt the victim.
“He intruded into her privacy by purposely recording her in the bathroom and that happened twice. A person is entitled to a private moment, especially in the bathroom.
“I don’t see why he decided to record another person using the bathroom.
“There is no justification for that, taking into account that he is educated and an executive,” said Justice Aziah who interjected.
Kumar then asked for a non-custodial sentence, saying Izwar had also apologised to the victim in open court.
Izwar paid the fine. — Bernama