Judge's anger at CPS for mix-up over serious Swansea child pornography case

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Wednesday, March 17, 2010
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This is SouthWales

A JUDGE has demanded an explanation from the Crown Prosecution Service after a serious child pornography case had to be adjourned at Swansea Crown Court for the second time.

Judge Christopher Vosper QC gave the CPS until Friday to explain what had "gone wrong" to prevent Swansea Valley man David Francis Wilson from being sentenced.

Wilson, aged 48, had originally been due to learn his fate on March 11 after entering guilty pleas last month to a 23-count indictment.

The court heard he was arrested on June 5 after police officers armed with a search warrant went to his home in Ramsay Road, Clydach.

The seizure of computer equipment from the kitchen, the attic and a bedroom led to the discovery of almost 200 indecent images of children. Also found were "extreme pornographic" images deemed obscene, disgusting or grossly offensive under the Criminal Justice and Immigration Act.

But when Wilson was due to be sentenced last Thursday it emerged no police officer was available to show the offending images to Judge Philip Hughes, who was dealing with the case.

When Judge Hughes asked to see the images before deciding what sentence to impose on Wilson, he was told that South Wales Police had failed to deliver them for the hearing.

The images were on a password-protected laptop at the force's high-tech crime unit, the court heard. But only one detective had the password — and this officer was said to be away in Paris and not due back in work until Monday this week.

Judge Hughes said he was not prepared to deal with the case in the circumstances and the sentencing of father-of-two Wilson would have to be postponed.

On Monday court officials once again listed the case for sentencing — this time before Judge Vosper. But this hearing also had to be adjourned because of an administrative mix-up.

Dyfed Thomas, prosecuting, said that although the laptop in question had been brought to the courthouse by a female police officer, this officer had not been involved in the investigation and she could only gain access to some of the images covered by the indictment.

Judge Vosper, adjourning, told the court: "I'd like to know what has gone wrong here — and the CPS must tell me by Friday."

The judge said he was thinking of raising the matter with the Recorder of Swansea, Judge John Diehl QC, and inviting him to "have a look at the issue".

Wilson is in bail.

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