Dion Shane Kyle, 44, was sentenced to 10 months’ imprisonment when he appeared before the Dunedin District Court last year after admitting wiping a substance on a woman’s buttocks in a department store and secretly filming up another victim’s skirt.
When he was released earlier this month, he accepted conditions proposed by Corrections banning him from entering the city’s Kmart, The Warehouse and shopping malls but opposed the imposition of GPS monitoring.
The issue was argued in court on Monday, where Judge Emma Parsons granted the application, which will allow the department to effectively track Kyle’s adherence to his release conditions in real time.
The court also heard Corrections was considering applying to make the defendant subject to an extended supervision order (ESO), which would be the second time one had been imposed on him.
Such a measure is reserved for only the nation’s most high-risk sex offenders and violent criminals and can put them under the microscope of authorities for up to 10 years.
In 2004, Kyle was convicted of sexual conduct with a 14-year-old girl and molesting a 12-year-old at Moana Pool.
The following year, an ESO was imposed, an order which he went on to breach three times, Judge Parsons noted.
Once Kyle was away from the scrutiny of Corrections, he went on to accrue more convictions for indecent assaults, committing indecent acts and posting an intimate visual recording.
When he was back in court last year, Judge David Robinson said he showed a ‘‘a sense of entitlement to sexualising unknowing victims without consent’’.
Kyle was in Kmart on August 19, 2024, when he followed his victim to the clothing section.
At sentencing, the court heard how he walked behind her and slid his hand across her rear, wiping a white residue on her pants, before ‘‘calmly’’ leaving the store.
Three weeks later, police executed a search warrant at Kyle’s home and found ‘‘a modified foam-lined bottle capable of collecting semen into a removable rubber glove’’.
They also seized electronic devices, featuring home-made videos of unsuspecting female shoppers with fluid smeared across their buttocks, as well as an up-skirt clip.
Kyle admitted he was interested in voyeurism and exhibitionism but played down the criminality of his acts.
His counsel, Karlena Lawrence, said the GPS monitoring was unnecessary, particularly given the defendant was being considered for an ESO and the detailed risk analysis that would entail.
But Judge Parsons accepted Kyle presented a high risk, which needed to be mitigated.
Corrections’ decision on whether or not to pursue a second ESO was expected by the end of the month.
