LAWYERS for an international cadet accused of trying to film a fellow student in the shower at the Australian Defence Force Academy want the case thrown out. The lawyers say Obaid Fayyaz, 21, legally couldn't have committed an act of indecency "in the presence of" the alleged victim by placing his phone in the shower, hitting record and leaving. But the prosecution argues the law in question is broad enough to cover the unusual circumstances of the incident. The Pakistani national has pleaded not guilty in the ACT Magistrates Court to committing an act of indecency on the female cadet in August last year. His legal team has not disputed he set his mobile phone to record, placed it in a vent above the shower and left it there. The alleged victim discovered the device about 10 minutes later and brought it to the attention of superiors. Magistrate Peter Dingwall is expected to rule on the application in July. Fayyaz has been suspended by the academy. LOUIS ANDREWS