Man jailed for videotaping up women's skirts
A Turkish national has been jailed after he was caught covertly videotaping up more than a dozen women’s skirts without their knowledge.Kubilay Fidan, 41, yesterday pleaded guilty in Magistrates’ Court to five charges of committing indecent acts in a public place, specifically at Miles Market.He also signed a document requesting that 12 other offences be taken into account.The court heard that on May 9 Miles’ security staff saw Fidan sitting in the coffee bar acting suspiciously. As they looked on, they saw the defendant take a bag from his shoulder, place it on the ground, and move it with his foot until it was underneath a woman’s skirt.He was seen to repeatedly look down at the bag.When the woman walked away Fidan left the store, and returned minutes later, doing the same thing to another woman.Police were contacted, and found Fidan in his car in the store’s parking area, looking at a recording device, while rubbing his groin.The two women he was seen recording were shown the footage captured on the device, and were able to identify themselves. Both women were embarrassed, and upset, by the incident.Police subsequently searched Fidan’s home and seized a Dell computer, which was found to contain two folders containing numerous similar recordings.Examination of the footage revealed several identifiable incidents, but the victims in those recordings could not be identified.The court heard Fidan is an unemployed spouse of a work permit holder who lives in Southampton, with his estranged wife, and young child.Lawyer Larry Mussenden, representing Fidan, said the defendant had been unable to find work on the Island and, due to financial pressures, and domestic problems, had become depressed. Mr Mussenden said that before the incident he was planning to leave the Island for a job in Turkey.Mr Mussenden said that in the UK he was unable to find a single example in which someone was jailed for such an offence, suggesting that a fine, and an order that Fidan leave the country, would be a sufficient sentence.However, Senior Magistrate Archibald Warner said that while the offence carries a maximum penalty of six months in prison in the UK, the maximum penalty in Bermuda is five years.“The penalty can’t be ‘you will get on a plane and leave because you got caught’,” said Mr Warner.Fidan apologised for his actions, telling the court: “It was wrong and I’m very, very ashamed. I’m truly, truly sorry. I wish I could turn the clock back and never cause all this trouble.”Mr Warner noted Fidan had no prior convictions, had cooperated with police, and had admitted guilt at the earliest opportunity — all of which are mitigating factors.However he also said there is a need to deter similar offences, saying: “Walking around with a camera and filming under women’s skirts, [their] private parts, is totally repulsive and unacceptable.”Given the details of the case, a sentence of 30 days in prison was appropriate, said Mr Warner. He also said an order of deportation would be recommended, and extended to the Governor.He further ordered that Fidan be placed on the Sex Offenders Registry.A short time after the sentence was handed out, Fidan returned to the courtroom at the request of Mr Mussenden, who requested that his client’s sentence be extended to 31 days.Asked by the Magistrate why he would make such an unusual request, Mr Mussenden said if Fidan was sentenced to a period of imprisonment for more than 30 days he could potentially be released early.Mr Warner amended the sentence, extending it by one day.
The Bermuda Police Service last night welcomed the jailing of Kubilay Fidan, and said his sentence sent out a strong message that this type of behaviour will not be tolerated.
Mr Fidan was jailed for 31 days today for covertly videotapping up more than a dozen women's skirts. The Turkish national pleaded guilty in Magistrates' Court this morning and was jailed by Senior Magistrate Archibald Warner.
“The Bermuda Police Service acknowledges the 'guilty' plea of Mr Fidan on Tuesday morning to five counts of committing 'Indecent Acts in Public',” said Police this evening. “Additionally, he went on to voluntarily admit to committing twelve other offences of a similar nature; seventeen offences in all.
“This case revolved around Mr Fidan using a video recording device to record indecent and inappropriate footage of female victims who were clearly unaware of what was occurring.
“This is the first time in Bermuda that an offence with these circumstances has been successfully prosecuted and the punishment handed out by Senior Magistrate sends a clear message to the public that this predatorial behaviour will not be tolerated in our islands of Bermuda.
“This type of offence is nothing new in other jurisdictions, in fact there is specific legislation that covers this type of behaviour within the United Kingdom.
“Although these incidents are rare, in an effort to reduce opportunities for these type of opportunistic crimes to occur in future, the Bermuda Police Service encourages women to be vigilant and aware of their surroundings, no matter how familiar it may appear.
“By nature, this type of offence requires a relatively close proximity between the victim and offender, be aware of any intrusions on your 'personal space'. If you observe any suspicious activity, contact the police and report the circumstances.”