KUALA LUMPUR: An accountant has been fined RM3,300 by the Ampang Magistrates' Court here after pleading guilty to secretly recording his male housemate who was having a shower.
Magistrate Amalina Basirah Md Top imposed the sentence on Muhammad Fahmi Akmal Zakaria, 30, and further ordered that he serve five months' imprisonment in default of payment. The accused settled the fine.
Muhammad Fahmi was charged with intending to insult the modesty of a 31-year-old man by recording him while he was showering, with the purpose of violating his privacy and decency. The offence took place at an apartment in Taman Ukay Perdana at 8.10am on June 20.
He was charged under Section 509 of the Penal Code, which provides for a maximum sentence of five years' imprisonment, a fine, or both.
According to the statement of facts, the victim noticed a flashing light on a bathroom shelf and found a concealed recording device.
The victim found that hidden recording device, which contained a memory card with a video of him showering.
The accused was arrested on June 20 and his recording device, mobile phone and laptop were seized. Investigations confirmed that he had recorded the victim showering.
Earlier, counsel Mohd Azizi Darus from the National Legal Aid Foundation appealed for a minimal fine, submitting that the accused earns only RM2,500 per month and is financially responsible for his family.
He further submitted that his client claimed the act was intended as a joke.
However, Deputy Public Prosecutor Norhidayah Abdullah Sani urged the court to impose a deterrent sentence.
"Public interest must take precedence. This was not a joke. Had the video been disseminated, it would have severely humiliated the victim," she said. – Bernama
