Photo fine was fair, claims court
October 8, 2008
A Scottish court has stoutly defended its controversial decision to fine a man £100 for taking a photo of a woman outside a bar in Edinburgh.
Court officials have revealed to Amateur Photographer (AP) that the fine was for a breach of the peace ‘with a sexual aggravation’.
The case, which sparked disbelief among many photographers, came to light in a BBC News report last week.
Edinburgh Sheriff Court branded Sebastian Przygodzki ?unchivalrous? after he took a picture of a woman who had fallen ill after drinking with friends at an Omni Centre bar at 11.30pm on 8 August.
Przygodzki was arrested and charged with a breach of the peace, to which he pleaded guilty on 3 October.
The court has since confirmed to AP that the BBC article is factually correct.
Kenneth Hogg, a sheriff at Edinburgh Sheriff Court said afterwards: ?The lady concerned was entitled to her privacy and not to have a passing stranger take a photograph.?
When AP demanded a fuller explanation of the decision a Crown Office spokeswoman told us last night: ?Regard must be had to the whole circumstances of each individual case as known to the prosecutor before a decision is made.
?Having given full and careful consideration to all the facts and circumstances in this case, the Procurator Fiscal for Edinburgh made the decision that the conduct of the accused in respect of this incident properly warranted a charge of breach of the peace with a sexual aggravation.?
Przygodzki’s lawyer said last week that his client had considered the photo of the woman as ‘another view of Edinburgh’.
A heated debate on the incident has erupted on the AP website forum.