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.
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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.