By Dorcas Ting
KUCHING, Sept 9: The High Court today set aside a RM3,000 fine previously imposed on a former storekeeper for secretly installing a hidden camera in his workplace toilet, substituting it with a six-month jail sentence.
Justice Leonard David Shim ordered that the custodial sentence against the 38-year-old man to take effect immediately.
The accused had earlier pleaded guilty before the Kuching Magistrates’ Court on Nov 4, 2024, to a charge under Section 509 of the Penal Code, which criminalises acts intended to insult the modesty of a person. The offence carries a penalty of up to five years’ imprisonment, a fine, or both.
At the time, Magistrate Ling Hui Chuan sentenced him to a RM3,000 fine or six months’ imprisonment in default.
However, Deputy Public Prosecutor Mohd Fillanny Siji appealed the decision, arguing that a fine alone was grossly inadequate given the seriousness of the offence. He stressed that planting a covert camera in a toilet was a premeditated act with potential for blackmail and went beyond voyeurism.
He further emphasised that such behaviour must not be trivialised as it violates individuals’ rights, particularly those of women and colleagues, to feel safe and assured of privacy in restrooms.
Agreeing with the prosecution, the High Court quashed the fine and imposed a six-month custodial term instead, while ordering that the RM3,000 already paid by the accused be refunded.
Case details revealed that the offence was committed around midnight on July 1, 2023, at a company office in the Muara Tabuan Light Industrial Park along Jalan Setia Raja.
On Sept 30, 2024, the company director discovered a hidden camera affixed to the ceiling of the office toilet. Upon checking the memory card, he found footage of the accused secretly installing the device.
A police report was lodged the following day, leading to the man’s arrest. He was represented in court by lawyer Chan Khoon Moh. — DayakDaily
