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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.

What’s Your opinion?


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82 Responses to
ADFA shower case closed
bundah 2:43 pm 25 Jul 12

WillowJim said :

I would love to know the Mr Gillespie story.

It would undoubtedly be riveting but be sure to prepare yourself for possible disappointment just on the off chance that i might be wrong!

VYBerlinaV8_is_back 2:40 pm 25 Jul 12

Mr Gillespie was the chick in the video?

WillowJim 2:29 pm 25 Jul 12

I would love to know the Mr Gillespie story.

54-11 2:21 pm 25 Jul 12

Spiral said :

Mr Gillespie said :

Good. Sanity prevails for once. The justice system can’t be abused that easily….

Presumably you know more anout this case than I’ve seen publically released. On the surface it seemed an open and shut case and the creep should be on his way back to Pakistan. It looks like yet another case of the ACT legal system sticking up for scum.

Presumably there is more to it than what I’ve seen, so what is the correct story?

For God’s sake, stop feeding the ugly troll.

devils_advocate 2:15 pm 25 Jul 12

HenryBG said :

Pathetic. Our legal system is really, really warped in favour of the dishonest and the degenerate.

No, it simply relies on a presumption of innocence, and guilt having to be proven beyond a reasonable doubt. It’s the worst possible system, except for all the others.

Mr Gillespie 2:12 pm 25 Jul 12

Comparing a recording device to a loaded shotgun is a bit like comparing mountains to molehills. This case (like the other hysterical sex camera cases) are a blatant waste and abuse of public/police/legal resources. The matter should have at most be dealt with internally, if not just between the 2 parties. Mediation costs NOTHING.

Mr Gillespie 2:05 pm 25 Jul 12

johnboy said :

Mr Gillespie standing up for peeping toms everywhere.

Get over it. Case is closed, now you can expend police resources on REAL crime, like burglaries, arson, drug pedalling, murder, etc.

Mr Gillespie 2:04 pm 25 Jul 12

What I’d like to know is why has this case been publicly aired in the first place?? All publicity does is stir up a hornet’s nest!

I hope whoever prosecuted this case is made to wear the court costs!

HenryBG 2:00 pm 25 Jul 12

Pathetic. Our legal system is really, really warped in favour of the dishonest and the degenerate.

johnboy 1:55 pm 25 Jul 12

Mr Gillespie standing up for peeping toms everywhere.

dundle 1:53 pm 25 Jul 12

Mr Gillespie said :

Good. Sanity prevails for once. The justice system can’t be abused that easily….

???

troll-sniffer 1:45 pm 25 Jul 12

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.

Spiral 1:01 pm 25 Jul 12

Mr Gillespie said :

Good. Sanity prevails for once. The justice system can’t be abused that easily….

Presumably you know more anout this case than I’ve seen publically released. On the surface it seemed an open and shut case and the creep should be on his way back to Pakistan. It looks like yet another case of the ACT legal system sticking up for scum.

Presumably there is more to it than what I’ve seen, so what is the correct story?

NoImRight 12:58 pm 25 Jul 12

Mr Gillespie said :

Good. Sanity prevails for once. The justice system can’t be abused that easily….

You were there?

Mr Gillespie 11:57 am 25 Jul 12

Good. Sanity prevails for once. The justice system can’t be abused that easily….

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