A former Canberra day care worker has been found guilty after he took indecent pictures of a fully-clothed woman and teenager in a breach of privacy while they were at the day care centre.
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Jason Stroop, 44, faced a hearing in the ACT Magistrates Court on Monday after pleading not guilty to the three charges of capturing data that is indecent and a breach of privacy.
The offences are relatively new, having been introduced in the ACT in 2015 in an attempt to prohibit voyeuristic behaviour.
Police had alleged that the Isabella Plains man, while employed at a Canberra day care, had taken photographs of a woman and a teenager as they were on the grounds one day in May 2016.
One was a mother who had come to pick up her child. The other was a 17-year-old school student who was working with the kids.
The mother was wearing what was described in court as "active wear", and the teenager wearing school sports clothes.
The photographs were of the women's genital regions, and in each photograph, the women were fully covered by clothing. The images appeared to have been taken as they squatted down.
The man had made admissions about taking the photos, and so the key issue was whether they were an invasion of privacy.
Stroop's defence lawyer had argued the photographs could not be an invasion of privacy, as they were "simply images that can be seen with the naked eye by any member of the public".
"They are images that are of activity ... that is not intrinsically private," lawyer Paul Edmonds said, seeking to distinguish the case from others in which a person was captured while receiving medical treatment, or in the shower.
But Magistrate Bernadette Boss found two offences proven, finding the photographs were a breach of privacy and indecent.
"The photographs are not simply of a person generally, they are fairly specifically targeted to the genital region," Dr Boss said.
Of a third offence, a second photo of one of the women, Dr Boss found it was not proved, as it had captured mostly the woman's leg and amounted to an attempt to capture an image.
A fourth charge was formally withdrawn on Monday.
Outside court, police reassured the public a thorough investigation had been completed into the matter. Stroop was no longer employed at the day care.
The maximum penalty for each offence of capturing visual data is two years in prison and a fine of $30,000.
The matter was adjourned to April 7 for sentencing.
