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ADFA shower case closed

By Ruqi 25 July 2012 82

The case against Obaid Fayyaz, a 21-year-old ADFA cadet accused of secretly filming a female cadet in the shower after she discovered a mobile phone in a shower vent last year, has been dismissed. Fayyaz pleaded not guilty.

During an earlier hearing, Fayyaz told the ACT Magistrates Court he wanted to film himself for his fiancée.

Now the court has thrown out the case.

Lawyers for Fayyaz say the cadet will continue studying in Australia.


UPDATE 25/7/12 2:21 PM
The reason for this judgment has been released.

Magistrate Peter Dingwall[…]told the court it was an ambiguous case, with no similar matters preceding it.

He said the way he interpreted the law, the act of indecency was not committed because when Mr Fayyaz had started recording, the alleged victim was not present.


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ADFA shower case closed
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Bibbyful1 9:40 am 06 Aug 12

I don’t suppose anyone knows if this slime ball was shipped back to Pakistan after trying to “show cause” to The Academy as to why he should be allowed to stay? I’ve been searching for info about this but to no avail – It was outrageous enough that this case was dismissed, but would be beyond comprehension if he was allowed to stay at ADFA!

bigfeet 2:11 pm 29 Jul 12

Mr Gillespie said :

So, you’re not prepared to explain how my comments here amount to me being a “grub” (or equivalent insulting words if you want to be pedantic and “argue” your “case” by saying things like “calling Mr Gillespie a grub would be an insult to grubs”)

Try using the grey matter upstairs instead of mindlessly throwing insults about. That’s what a healthy debate is about, isn’t it?

Almost every single comment you have made here (and in other threads) is the evidence. Your attitudes to women are reprehensible and disgusting.

The fact that you cannot see that is concerning. Very concerning.

You really need to seek some help. For your own sake and ours.

Comic_and_Gamer_Nerd 7:54 am 29 Jul 12

Mr Gillespie said :

So, you’re not prepared to explain how my comments here amount to me being a “grub” (or equivalent insulting words if you want to be pedantic and “argue” your “case” by saying things like “calling Mr Gillespie a grub would be an insult to grubs”)

Try using the grey matter upstairs instead of mindlessly throwing insults about. That’s what a healthy debate is about, isn’t it?

It’s not a insult when it’s a fact.

HenryBG 6:50 pm 28 Jul 12

Pork Hunt said :

HenryBG said :

Mrs_Potato_Head said :

I agree that most men would love looking at women’s bodies.

Sadly with the obesity epidemic now sweeping the land, this is becoming less and less true as most women’s bodies have become grotesque and disgusting.

A dozen Melbourne Bitters turns a dog into a fox.
Want to borrow my beer goggles?

No need, just working on my own pair right now.

Mr Gillespie 1:14 pm 28 Jul 12

So, you’re not prepared to explain how my comments here amount to me being a “grub” (or equivalent insulting words if you want to be pedantic and “argue” your “case” by saying things like “calling Mr Gillespie a grub would be an insult to grubs”)

Try using the grey matter upstairs instead of mindlessly throwing insults about. That’s what a healthy debate is about, isn’t it?

Spiral 6:20 am 28 Jul 12

Stevian said :

Mr Gillespie said :

Proboscus said :

Mrs_Potato_Head said :

Mr Gillespie said :

Then why do some men feel the need to sneak around (by whatever means) to see a women’s loveliest bits in the first place, hm?? I mean why are there separate men’s and women’s shower facilities, toilets, etc.

Ever asked yourself that, Mrs Potato Head??

If you ask me, it smells of Victorian repression, and it still lives on today. And using the law to reinforce that repression, what do you expect? Total celibacy??

You’re a grub.

+1

Can you back your case up with evidence instead of a “+1” for saying I’m a grub??

The evidence is your previous comments, you’ve made their case for them.

+1

bigfeet 11:52 pm 27 Jul 12

Mr Gillespie said :

Can you back your case up with evidence instead of a “+1” for saying I’m a grub??

Calling you a grub is an insult to grubs.

Stevian 9:13 pm 27 Jul 12

Mr Gillespie said :

Proboscus said :

Mrs_Potato_Head said :

Mr Gillespie said :

Then why do some men feel the need to sneak around (by whatever means) to see a women’s loveliest bits in the first place, hm?? I mean why are there separate men’s and women’s shower facilities, toilets, etc.

Ever asked yourself that, Mrs Potato Head??

If you ask me, it smells of Victorian repression, and it still lives on today. And using the law to reinforce that repression, what do you expect? Total celibacy??

You’re a grub.

+1

Can you back your case up with evidence instead of a “+1” for saying I’m a grub??

The evidence is your previous comments, you’ve made their case for them.

Proboscus 8:11 pm 27 Jul 12

Mr Gillespie said :

Proboscus said :

Mrs_Potato_Head said :

Mr Gillespie said :

Then why do some men feel the need to sneak around (by whatever means) to see a women’s loveliest bits in the first place, hm?? I mean why are there separate men’s and women’s shower facilities, toilets, etc.

Ever asked yourself that, Mrs Potato Head??

If you ask me, it smells of Victorian repression, and it still lives on today. And using the law to reinforce that repression, what do you expect? Total celibacy??

You’re a grub.

+1

Can you back your case up with evidence instead of a “+1” for saying I’m a grub??

Hahahahaha…You’re kidding right?

Deckard 5:51 pm 27 Jul 12

colourful sydney racing identity said :

I always thought Mr G was a nutter, but his latest posts are so out there (mocking the death of Katie Bender, the crap on this thread, plastic bags etc) that I have come to the realisation that he is not some nutter, he is a reasonably intelligent, very bored, public servant who gets his kicks from submitting ridiculous posts.

Only way to slay such a beast is ignore them.

No, I think he defends himself too much to be a proper troll. Also, if you read the Erin Molan story that brought the infamous Mr G to our attention you’ll see that his perverted antics are not confined to this site.

I just think he’s a lonely guy who can’t communicate with people from the opposite sex so gets his knowledge of them from reading mens magazines.

Growling Ferret 5:32 pm 27 Jul 12

Mr Gillespie said :

Proboscus said :

Mrs_Potato_Head said :

Mr Gillespie said :

Then why do some men feel the need to sneak around (by whatever means) to see a women’s loveliest bits in the first place, hm?? I mean why are there separate men’s and women’s shower facilities, toilets, etc.

Ever asked yourself that, Mrs Potato Head??

If you ask me, it smells of Victorian repression, and it still lives on today. And using the law to reinforce that repression, what do you expect? Total celibacy??

You’re a grub.

+1

Can you back your case up with evidence instead of a “+1” for saying I’m a grub??

Should we just ask Erin Molan?

Mr Gillespie 4:52 pm 27 Jul 12

Proboscus said :

Mrs_Potato_Head said :

Mr Gillespie said :

Then why do some men feel the need to sneak around (by whatever means) to see a women’s loveliest bits in the first place, hm?? I mean why are there separate men’s and women’s shower facilities, toilets, etc.

Ever asked yourself that, Mrs Potato Head??

If you ask me, it smells of Victorian repression, and it still lives on today. And using the law to reinforce that repression, what do you expect? Total celibacy??

You’re a grub.

+1

Can you back your case up with evidence instead of a “+1” for saying I’m a grub??

Pork Hunt 4:28 pm 27 Jul 12

HenryBG said :

Mrs_Potato_Head said :

I agree that most men would love looking at women’s bodies.

Sadly with the obesity epidemic now sweeping the land, this is becoming less and less true as most women’s bodies have become grotesque and disgusting.

A dozen Melbourne Bitters turns a dog into a fox.
Want to borrow my beer goggles?

Proboscus 2:55 pm 27 Jul 12

Mrs_Potato_Head said :

Mr Gillespie said :

Then why do some men feel the need to sneak around (by whatever means) to see a women’s loveliest bits in the first place, hm?? I mean why are there separate men’s and women’s shower facilities, toilets, etc.

Ever asked yourself that, Mrs Potato Head??

If you ask me, it smells of Victorian repression, and it still lives on today. And using the law to reinforce that repression, what do you expect? Total celibacy??

You’re a grub.

+1

HenryBG 2:04 pm 27 Jul 12

Nifty said :

A few hours after Officer Cadet Fayyaz was caught filming a female colleague in a shower at the ADFA residences a potentially relevant piece of ACT legislation, the Workplace Privacy Act 2011, came into full effect.

This was a private member’s bill, proposed by the Greens’ Amanda Bresnan MLA (it is referred to at #82 on their recent list of achievements).

Was the unnamed victim of Mr Fayyaz’s prurience simply unlucky that a more relevant law than the one on which the Police and DPP had to rely was not yet fully operative?

Unfortunately not.

Firstly, the Act is completely silent on unauthorised covert surveillance by a workplace colleague on a frolic of his (or her) own.

Secondly, it explicitly excludes the possibility of a sting operation by an employer, such as ADFA, to detect behaviour like Mr Fayyaz’s in what the Act (section 41) describes as a “prohibited non-work area” such as a toilet facility, change room, shower or other bathing facility. Now THAT would be a crime.

Go figure.

There is, of course, the possibility of an offence against section 4 of the Listening Devices Act 1992, but only if the unnamed other cadet happened to be showering with a friend. For this to apply, the hidden mobile phone would have to be capable of recording the ensuing conversation as well as filming the shower scene.

Officer Cadet Fayyaz says he deserves compensation for what he obviously regards as an unjust ordeal. No doubt those stalwart defenders of human rights, Canberra’s plaintiff lawyers will do their utmost for him, for a share of the proceeds. But if he is permitted to resume his illustrious military career, as he apparently would also like to do, I have only one recommendation for his erstwhile comrades at arms.

That is, make sure you get your own, expert* legal advice before you take the law into your own hands.

*

Free advice as proffered by Mr Gillespie probably doesn’t qualify.

I’m not normally a fan of it, but this is one case where retrospective legislation is absolutely called for.
There’s no law under which a dishonest little pervert can be charged? Make one, and make it stick. This is why we have government – make decisions and do stuff.

HenryBG 2:01 pm 27 Jul 12

Mrs_Potato_Head said :

I agree that most men would love looking at women’s bodies.

Sadly with the obesity epidemic now sweeping the land, this is becoming less and less true as most women’s bodies have become grotesque and disgusting.

HenryBG 2:00 pm 27 Jul 12

NoImRight said :

HenryBG said :

dungfungus said :

Makes one wonder how David Eastman got convicted.

Eastman had to work very, very hard to secure the DPP a conviction on that one, considering the complete lack of evidence tying him to the crime, the volumes of evidence suggesting who really did it, and the fact the Italian police had, and still have, suspects of their own for this murder.

Spoken with the true expertise of someone whose research consists of rumours and mates who “know”.

Name one single piece of evidence tying Eastman to the murder.

I always thought Mr G was a nutter, but his latest posts are so out there (mocking the death of Katie Bender, the crap on this thread, plastic bags etc) that I have come to the realisation that he is not some nutter, he is a reasonably intelligent, very bored, public servant who gets his kicks from submitting ridiculous posts.

Only way to slay such a beast is ignore them.

Katietonia 1:33 pm 27 Jul 12

troll-sniffer said :

I don’t have the details of the case so there must be more to it than meets the eye, because on the reasons offered for the dismissal, it would seem that if I installed a loaded shotgun in a similar location primed to go off in say 10 minutes, and after 9 minutes a victim walked in, I could not be charged with murder because the act of setting up the gun was not done in the victim’s presence. OK so that’s an extreme position to take but it beggars belief that someone who knowingly plants a recording device is somehow not culpable simple because the victim was not present at the moment the recording device was set to record. If that is the legal position then the journo who planted a recording device outside Nicole Kidman’s house and left it there was not guilty either. Think of the can of worms this might open. You want to record someone but scared of the listening devices act? Just make sure you switch on your recording device early and leave the device unattended while your subject is being recorded. Then when they try and apply the law, point out that your subject wasn’t present when you pressed record and hey presto! you’re off scot free.

Exactly, what about the creeps that have done this in the mall toilets in the past? If there were someone present, they’d not be able to put a camera up in the toilets as someone would be watching them do it.

Mrs_Potato_Head 1:02 pm 27 Jul 12

Mr Gillespie said :

Then why do some men feel the need to sneak around (by whatever means) to see a women’s loveliest bits in the first place, hm?? I mean why are there separate men’s and women’s shower facilities, toilets, etc.

Ever asked yourself that, Mrs Potato Head??

If you ask me, it smells of Victorian repression, and it still lives on today. And using the law to reinforce that repression, what do you expect? Total celibacy??

You’re a grub.

5

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