A serial upskirter who was caught filming under a woman’s dress on an escalator at a Tube station has been spared jail.
Chef Hani Mustafa, 45, of Thorndon Road, Orpington, Kent, filmed the woman at London Bridge Station on April 13, 2024.
Mustafa, who has a previous caution for the same offence from 2020, was arrested on May 16 and had his phone examined by police.
On the device officers found another seven-minute upskirting video taken on the Northern Line on March 14, 2024, Inner London Crown Court heard.
Claire Langevad, prosecuting, said: ‘On 13 April 2024 a witness in this case was at London Bridge station making his way home.’
‘As he boarded the escalators to the Jubilee Line he became aware of an adult male… In front of the male was an adult female wearing a dress.’
Ms Langevad continued: ‘He saw the male bend down and crouch behind the female on the step below him.
‘Because of the angle of the hand he formed the correct impression that Mr Mustafa was taking a photo under the skirt of the female.
Chef Hani Mustafa, 45, of Thorndon Road, Orpington, Kent, filmed the woman on an escalator at London Bridge Station (pictured, stock) on April 13, 2024
‘He alerted the police and took a number of photos of Mr Mustafa.
‘CCTV from London Bridge supported his account. In summary it shows the behavior he sets out in his statement.’
Ms Langevad said that when the police examined his phone they ‘didn’t find images relating to 13 April, but they did find a seven minute video taken on 14 March 2024 of similar behavior namely upskirting a female who was unaware of it.’
The court was told about Mustafa’s previous caution for the same offence.
Jo Morris, defending said: ‘This was not a case involving great harm.
‘Mr Mustafa has been diagnosed with depression and compulsive sexual behavior. He has booked himself in for therapy.
‘I can say that he is remorseful.’
Sentencing Mustafa Judge Nicholas Ainley said: ‘This was a very unpleasant and humiliating crime.
‘In 2020 you had been given a caution. You got lucky. One would have thought that would be enough to put you off doing it again but it didn’t.’
Mustafa was given a two month prison sentence suspended for two years.
He will be subject to a sexual harm prevention order for five years and notification requirements for ten years.
He will also have to complete 25 days of a rehabilitation activity requirement and pay £250 in prosecution costs within three months.
The judge said to Mustafa: ‘Don’t commit a criminal offence in the next two years. If you do, you will go to prison for that and for this on top of that.’
Mustafa admitted two counts of operating equipment under clothing without consent.
The case comes after it emerged this year that just one in six cases of upskirting reported to police result in a criminal charge.
Analysis of so-called ‘upskirting’ in the past two years shows police logged almost 800 allegations, yet just 118 ended up in court.
Some 772 reports were made, with 118 resulting in a charge and another 11 ending in a caution.
