KUCHING: A civil engineer was sentenced to six months in prison for secretly video-recording a woman from behind as she and her husband patronised the Kuching Food Festival earlier this month.
Magistrate Ling Hui Chuan imposed the sentence on Vincent Tan Kim Poh, 29, effective Tuesday (Aug 4).
Tan, pleaded guilty to a charge under Section 509 of the Penal Code for intending to insult the modesty of a woman by intruding upon her privacy.
The offence occurred at about 8.30pm on Aug 1 at the Kuching Food Festival organised by Kuching South City Council (MBKS) along Jalan Padungan here.
Tan secretly recorded the woman as she was walking with her husband while looking for a place to sit and eat.
Investigations found a video of the woman on Tan’s mobile phone which had been recorded without her knowledge.
Police also found several other video clips on his phone showing similar recordings of other women.
The court was told that Tan admitted to having a habit of recording videos.
Tan was arrested by police at about 9.20pm on Aug 1.
During mitigation, defence counsel Foo Lee Fook said Tan was a first-time offender and had never previously been arrested or brought before the court.
The court was told that Tan was a single man who had worked as a civil engineer with a reputable company for the past four years.
Counsel said Tan had regretted committing the offence and chose to plead guilty at the first opportunity, which he submitted had saved the court’s time and public resources.
He also submitted that the accused’s arrest and three-day remand had served as a lesson for him.
Foo further told the court that Tan was likely to lose his job following the case, while his identity had also been exposed on social media, causing embarrassment to himself and his family.
He urged the court to consider that Section 509 does not prescribe a mandatory custodial sentence, as the provision allows for imprisonment of up to five years, a fine, or both.
Counsel also urged the court to consider the degree of the offence, arguing that the recording involved the complainant’s rear while she was fully clothed and wearing shorts.
He appealed for the court to give Tan a second chance and impose a lenient sentence, submitting that a custodial sentence would make it difficult for the accused to secure employment in Kuching.
Deputy Public Prosecutor Chuah Kai Sheng however pointed out that the offence was committed in a crowded area during the peak period of the Kuching Festival.
It said the festival was intended to promote food culture and contribute to the local economy and should not be exploited as a setting to commit such an offence.
Chuah also highlighted that the complainant was apparently not the only woman recorded, as several other videos showing women’s backs were found on Tan’s phone.
Chuah submitted that the circumstances indicated a pattern of similar conduct, although Tan had no previous criminal record.
The prosecution said the primary consideration in sentencing was the protection of public interest, including imposing an appropriate sentence to deter and prevent the commission of offences.
Chuah urged the court to impose a custodial sentence and also sought an order for compensation to be paid to the victim under Section 426 of the Criminal Procedure Code.
The case had earlier drawn widespread attention on social media following allegations concerning his actions at the Kuching Festival Food Fair.
