PUTRAJAYA - A man who secretly recorded a video of a housewife bathing in her home has been fined RM10,000 (S$4,000).
The Court of Appeal here yesterday fined Izwar Efendi Taswar, 33, in default five months jail for the offence he committed in January last year.
Izwar, an executive, was previously sentenced to five months jail by a magistrate's court on Sept 23 last year.
A High Court then let him off with a two-year good behaviour bond on March 12 this year.
Court of Appeal judge Justice Aziah Ali, who presided over the three-man panel, said there was no justification for what Izwar had done.
"We allow the appeal and set aside the order of the High Court," she said, adding that the decision was unanimous.
"He was 31, an adult, and married at the time. He is an educated person.
"He intruded into her privacy and purposely recorded her in the bathroom - and this happened twice," she said.
She said that there had been no mention of the victim's impact statement in the High Court judgment.
"I could not find any reference to it in the judgment," she said.
Also on the panel were Justices Rohana Yusuf and Ahmadi Asnawi.
On Jan 11 last year, Izwar had put his hand through the window to record a video of the housewife while she was bathing at her home at noon.
The then 21-year-old woman was naked in the bathroom at the time.
He was then charged under Section 509 of the Penal Code for insulting the modesty of the woman.
The woman had been living there with her husband while Izwar also lived in the same block.
DPP Intan Nor Hilwani Mat Arifin said the affected woman and her husband had since moved out of the condominium in Cheras.
"The act committed by Izwar had a traumatic impact on the victim.
"She had told the court that she had attempted suicide several times after the incident.
"She also lost confidence to face people and now has to follow her husband to work daily as she is scared to be home alone," she added.