Tuesday, 12th May 2009

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Supreme Court hearing

CHILD PORNO DEFENDANT 'DISTRIBUTED THOUSANDS OF IMAGES'

Judge 'disturbed' by evidence

by Brian Reyes

Prosecutors who accused a man of distributing 141 images of child pornography during a one-to-one internet chat now claim he sent thousands of photographs to 30 different people.

Michael Klinkiewicz should have been sentenced last month after pleading guilty to one charge of publishing obscene material.

 

But acting Chief Justice Anthony Dudley ordered a review of the evidence when it became apparent the charge was based only on a small sample of the material seized by police.

In presenting the findings of that review, prosecutors told the Supreme Court yesterday that detectives had found 4,500 images that had been distributed from two computers to 30 individuals.

They included dozens of extreme photographs alongside hundreds of softer images, the court was told.

"So we've gone from 141 images [sent] to one individual, to roughly 4,500 [images sent] to 30 individuals," Mr Justice Dudley said.

"I'm glad I asked questions."

The revelations, however, have plunged the case into massive complexity.

Although the charge dates back three years, defence lawyers only received the bulk of the evidence last Friday following the judge's intervention.

Now they will have to review that material and agree the facts with the prosecution before Klinkiewicz can be sentenced.

If agreement is not possible they could be forced to argue their respective positions before the judge, who was clearly unimpressed with the way the case had progressed.

Mr Justice Dudley said it had taken him 15 minutes of reading through documents to spot key issues that had not been addressed, including the total number of photos distributed and the number of recipients.

"It's not rocket science," he said. "We are left now in a hugely unsatisfactory position."

He added that the problems could have been avoided had the Crown categorised all the images from the outset, rather than focusing on a small sample from one computer.

The case dates back to late 2006, when police acting on a tip-off raided Klinkiewicz's home and his workplace at a local internet gambling company.

Forensic analysis of computers found that images had been distributed and downloaded during online chat sessions.

Images of child pornography are ranked from level one to level five, five being the most extreme. Of the 4,500 images found in this case, 106 were level four photographs, prosecutors said yesterday.

They said viewing the material was "disturbing" and "emotionally draining", a view with which the judge agreed.

Mr Justice Dudley said he had thought himself hardened by his years on the bench.

But after looking at the images, "I've found I can be shocked," he said.

The case has also highlighted the shortfalls of Gibraltar's legislation in this sphere.

The defendant was charged with distribution of obscene images. The possession of child pornography is not an offence in this jurisdiction.

The case was adjourned until May 18.


 

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