Dylan Alcott’s uncle accused of secretly recording a ‘highly intimate’ video of a woman as his lawyer argues key remark in footage was ‘sarcastic’

The uncle of former Australian of the Year Dylan Alcott is accused of non-consensually recording a ‘highly intimate’ video of a woman without her knowledge and repeatedly breaching an apprehended violence order. 

Ben Alcott, 52, an events and production manager, was granted bail in Burwood Local Court on Tuesday, facing two charges of intentionally record an intimate image without consent and one count of knowingly contravening an AVO for the third time within 28 days.  

Sources tell the Daily Mail that Alcott previously had a close personal and professional relationship with his Paralympian nephew and worked on his Ability Fest concert as recently as 2023.

The Mail has sought clarification on the current status of their relationship. 

Alcott, a former child actor, also founded the successful events company Damn Good Productions, working with clients such as 50 Cent, Mariah Carey, Jamie Oliver, Rick Stein and the Channel Seven show My Kitchen Rules, the court heard.

He was a four-time finalist for the Young Australian of the Year and directed the 2020 Amazon Prime eco-tourism documentary series Leave No Trace.

In 2020, Alcott wished nephew Dylan a happy 30th birthday, posting an old photo of the pair together to the Damn Good Productions’ Instagram page. 

‘Happy 30th birthday to @dylanalcott (pictured here many years ago with his uncle Ben) – who would have thought such a funny, cute, talented kid would grow up to be… Dylan, Congratulations on all you’ve achieved in just 30 years, Dylan!’ he wrote.

Ben Alcott is accused of filming and photographing a woman without her knowledge or consent during a consensual sexual encounter.

He was first charged in May and has remained in custody on remand since then, with the court hearing his first experience in jail was ‘terrifying’.

Alcott’s alleged victim is an American citizen who has returned to the United States, but is willing to give evidence via AVL in the event of a hearing, the court heard. 

At the time of the alleged offending, Alcott was on bail for a previous charge of contravening an AVO, to which he had pleaded guilty and for which he was convicted and sentenced to a six-month community corrections order last month.

In defending the charges, Alcott enlisted high-profile barrister Ben Barrack, who told the court his client had turned himself in to police and granted them full access to his phone.

Mr Barrack argued his client’s ‘relatively limited history’, pro-social background, and community ties meant that he would comply with any bail conditions, and that there was nothing to indicate he posed a risk to the community or the alleged victim.

Mr Barrack also said Alcott needed to be at liberty to manage his business as his four months in custody had left him with outstanding debts and he feared losing net worth.

The prosecutor argued that cause had not been shown in granting Alcott bail, citing the strength of the police’s case.

‘I understand that police are in possession of a video. It is clear from the video that the complainant did not know she was being recorded. If she did not know, then she could not have consented,’ he said.

The prosecutor also said the ‘highly intimate’ video meant the alleged offending was above the mid-range of objective seriousness.

Mr Barrack argued that when Alcott could be heard in the video telling the woman, ‘No, I’m just using it for a light,’ in reference to his phone, he was speaking ‘sarcastically’.

In an affidavit, Alcott maintained that the woman knew she was being recorded and ‘she did not voice any objections or concerns’.

Judge Jennifer Price conceded that it was ‘objectively not a trivial example of this type of [alleged] offending’ and that the prosecution’s case appeared strong.

Regarding the charge of breaching an AVO three times, Judge Price noted there had been ‘some agreed contact’ between Alcott and the woman, but whether any coercion was involved remained a live issue for hearing.

Judge Price also accepted Mr Barrack’s argument that by the time the matter is heard in April 2027, Alcott’s time on remand would exceed any likely custodial sentence.

Alcott was ultimately granted bail on the conditions that he surrender his passport, report weekly to Chatswood Police Station and allow police access to his mobile phone on request.

The matter will return to Burwood Local Court for hearing on April 19.