Hotel employee films woman in shower
A HOTEL employee has faced court after using his mobile phone to film a woman in the shower while he was working.
Liam Gervasoni, 25, pleaded guilty to recording in breach of privacy in Proserpine Magistrates Court on May 13.
Police prosecutor Sergeant Emma Myors told the court, Gervasoni worked at the Cannonvale hotel as a cleaner, was seen on CCTV footage following the same path the woman took to return to her room.
The court heard the woman took a shower shortly after returning to her room, and Gervasoni used his mobile phone to film her through a window near the shower.
CCTV footage was used to determine it was Gervasoni who filmed the woman as he wasn't identified at the time of the offence.
At 11.05pm the woman is seen walking to her room with only two other people present in the complex at the time: the night duty manager and Gervasoni.
"He (Gervasoni) follows the same path as her in the direction of her room and he isn't seen anywhere else on the CCTV footage," Sgt Myors said.
A warrant was executed on February 1 and an Apple iPhone was seized as well as a laptop and tablet.
No images were found on any of Gervasoni's devices and he declined to participate in an interview.
Defence solicitor Steven Hayles said the act was out of character and something Gervasoni hadn't engaged in before.
"He is a young man whose offending appears to be spontaneous, there was no premeditation, and this is something that was certainly out of character," he said.
Mr Hayles told the court the maximum penalty for such an offence did involve prison time, however he suggested the matter be dealt with either by a fine with no conviction recorded, or a bond.
Magistrate Ron Muirhead said a prison charge would still be considered.
"The court should still consider a term of imprisonment of three to six months in my view," he said.
"Yes, he's pleaded guilty, he's a young person with no history but he has still committed a serious offence."
The case was put on hold to allow Mr Hayles time to bring forward a case to assist Mr Muirhead with a decision for sentencing Gervasoni.
Later that day, Gervasoni's case resumed and Mr Hayles brought forward a similar case where a fine was issued with no conviction.
"Again, my submission is this (should) be dealt with by way of a fine with no convictions recorded, considering his young age, previous good history and the impact this is likely to have on his future employment and studies," Mr Hales said.
Mr Muirhead told the court he was "stretching the law to its limits" but sentenced Gervasoni to a probation order and 150 hours of community service, with convictions not recorded.
"I can't make these orders unless you consent and if you don't that's fine but there will be another sentence which you will not like, I can tell you now," Mr Muirhead said.