A RELIEF optometrist who took a photograph up a woman's skirt as she tried on contact lenses has been fined $500.

Lincoln Lik Ho, 26, appeared in Cairns Magistrates’ Court yesterday and pleaded guilty to one count of observing or recording in breach of the Privacy Act.

Ho, an optometrist from Melbourne, was filling in at an Earlville business in February when a 29-year-old woman went to the store with her two-year-old daughter and spoke to him.

While the woman was trying on contact lenses, Ho reached his mobile phone behind her and took a photo up her skirt, showing her underwear.

When she realised what had happened, the woman went straight to the Police Beat at the shopping centre and reported the incident.

Ho was charged with the offence later that day.

Defence barrister Jim Henry SC said his client could not understand why he had taken the photo and was extremely remorseful.

Mr Henry said Ho told the vice-president of his professional board about the charge on the day of the offence and he was immediately suspended from practice.

"The outcome of disciplinary action in Melbourne may mean he’s no longer able to practise as an optometrist," he said.

Acting Magistrate Raimund Heggie said Ho’s behaviour was "entirely unacceptable".

"It appears you made a spur of the moment decision," Mr Heggie said.

He acknowledged Ho had expressed remorse and reported the incident to a professional body.

He did not record a conviction because of the impact it could have on the defendant’s future employment and ordered the mobile phone be forfeited to the Crown.

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