A 54-year-old North Vancouver man has been found guilty of voyeurism for secretly recording video of young gymnasts - zooming in on their crotches and buttocks - at a 2013 competition.
Andrew Greenwood was charged with the relatively new offence of secretly recording for a sexual purpose after being arrested at a rhythmic gymnastics event held at Capilano University on March 24 last year.
In North Vancouver provincial court Tuesday, Judge Judith Gedye described Greenwood's behaviour as "sordid, invasive, deeply troubling and offensive."
A more complicated question to answer is "was it criminal?" she said. At the gymnastics competition, Greenwood sat in an isolated area of the bleachers and filmed girls ranging in age from seven to 13 as they warmed up for events, said Crown counsel Lori Ashton during the trial.
Several people who saw the video camera's screen noticed Greenwood was zooming in on the gymnasts' crotches, breasts and buttocks. Other video footage was filmed with a camera hidden up his sleeve.
Greenwood was so intent on his recording that he did not notice police who were called by competition organizers until they were standing right beside him. Police recovered two cameras when they arrested Greenwood.
Video seized from Greenwood's camera was played during the trial, as was a videotaped statement from Greenwood taken at the North Vancouver RCMP detachment.
Defence lawyer Michael Sanders argued that when Greenwood made his one-hour recording, he was at a public event, where many other people had cameras. Sanders said under those circumstances, Greenwood wasn't being secretive and the competitors had no reasonable expectation of privacy.
The judge, however, disagreed.
Gedye said when Greenwood entered the gym with a camera up his sleeve, the recording was clearly being done surreptitiously.
While filming, Greenwood held the camera on his thigh, close to his body the whole time, and never brought the display up to his eye or held it in the air to watch, Gedye noted. She concluded Greenwood did that to try to conceal what he was recording.
The judge agreed with Sanders that at an international competition open to the public "there is an expectation you will be seen, looked at and even photographed." But she added there is still some expectation of privacy in public, noting the use of technology can transform that from what is expected to "something completely different."
Greenwood's extensive use of the zoom feature had the effect of placing the viewer "inches away from (the competitors') groins and buttocks," said the judge.
None of the recordings appeared related to the sport itself, said Gedye, noting the only positioning of the camera seemed to be in anticipation of being able to zoom in on the girls' bodies.
"Competitors and their coaches and parents had a reasonable expectation that their privacy wouldn't be invaded in the way and to the extent it was," said the judge.
Gedye ordered that a psychiatric report be prepared before Greenwood is sentenced. The sentencing hearing will take place in March.
