"Extreme porn" defendant cleared on all counts

The CPS has "serious questions to answer" over the prosecution, says David Allen Green.

A man who was tried this week in Kingston Crown Court for possessing images of "extreme" sexual acts has just been cleared on all counts. Simon Walsh was tried under "extreme pornography" laws (part of a wider 2008 bill) in a trial before a jury. 

As Nelson Jones wrote:

Walsh [was] charged with several counts of possessing extreme pornography under the notorious s63 of the 2008 Criminal Justice and Immigration Act. This makes it illegal to possess (and looking at something on a website technically counts as possession) any pornographic image depicting animals, dead bodies or "an act which results, or is likely to result, in serious injury to a person's anus, breasts or genitals."

Myles Jackman, the lawyer defending Walsh, had posted this background to the case:

Before being arrested and charged with these offences, Simon was a successful professional and politician in the City who, amongst other things, prosecuted police officers accused of disciplinary offences. After being charged, Simon lost both professional and political positions, despite the fact that no pornography was found on any of his work computers.

In fact, no pornography was found on Simon's home computers either. Instead, the police had to “interrogate” Simon's personal email account (server) in order to discover a few images they deemed questionable. This included an image of a man wearing a gas mask. Their expert stated that this was likely to cause serious harm, even death by asphyxiation: despite being a piece of equipment designed to assist breathing. This charge was eventually dropped.

Following the result of the trial, David Allen Green, solicitor and legal correspondent for the New Statesman, said:

"This was a shameful and intrusive prosecution which should never have been brought. It was bad law to begin with, but a good man has had his sex life examined in open court for no good reason. There are serious questions for the CPS to answer about bringing this prosecution."

For background on the case, read NS blogger Nelson Jones here (includes graphic sexual descriptions). For more on the "extreme pornography" law, see David Allen Green's post on Jack of Kent.

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Kingston Crown Court. Photograph: Getty Images
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Sacked Hilary Benn rules out standing for leadership but tells others "do the right thing"

Hilary Benn was sacked from Jeremy Corbyn's Shadow Cabinet overnight.

Hours after being sacked from Labour's Shadow Cabinet, Hilary Benn popped up again to issue a not-so-coded call for revolution. 

Despite being tipped as a potential rival to Jeremy Corbyn in the past, Benn downplayed his own ambitions and ruled himself out of standing for leader.

But while he described his decision to speak out as a personal one, he made it clear others who felt similarly should speak out.

Benn told Andrew Marr: "I have been a member of the lab party for 45 years. I've devoted my personal and political life to it, and if things are not working I think we have a wider responsiboility to the party that we love to speak out.

"Lots of people will say this isn't an ideal time. There's never an ideal time. I thought it was important to speak out."

Describing Corbyn as a "good and decent man", Benn said he was not a leader and agreed he should consider resigning: "I no longer have confidence in him and I think the right thing to do would be for him to take that decision."

He added: "I am not going to be a candidate for the leader of the Labour party. I haven't taken this decision because I want to. I have taken the decision becauuse I think it's the right thing to do for the Labour party."

As Benn was speaking, rumours of a Shadow Cabinet revolt was mounting, with Labour's last Scottish MP Ian Murray among those expected to resign.

But while there's no doubt Benn has the support of many of his fellow MPs, more than 169,000 ordinary members of the public have signed a petition urging support for Corbyn after Brexit. If there is a parliamentary coup, it's going to be bloody.