Backlash Press Release: Tiger Porn defendant miscarriage of justice averted

BACKLASH PRESS RELEASE

FOR IMMEDIATE RELEASE – 28 May 2010

“Tiger Porn defendant miscarriage of justice averted”

The sexual civil liberties organisation Backlash have assisted in
averting a miscarriage of justice.

Andrew Holland was charged with one count of possessing extreme
pornography under the Criminal Justice and Immigration Act 2008 at the
Mold Crown Court. He stood to be sentenced for the offence, having
pleaded guilty mid trial under advice from his local legal team in
Wrexham. Backlash contacted Holland to offer advice to discover that
he may have been misadvised by his local legal team; and that he did
in fact have a defence to the charge. Backlash provided funds for
provisional legal advice and research to be performed. We put Holland
in contact with our legal adviser, who is a solicitor specialising in
extreme pornography offences, Myles Jackman of Audu and Co in King’s
Cross, London.

Holland transferred representation to the specialist solicitors and
was given leave on Friday the 28th May 2010 by His Honour Judge Rogers
sitting at the Mold Crown Court to vacate his plea from Guilty back to
Not Guilty. That means that he will stand trial again; this time in
the knowledge that he has a defence. However, had he not contacted
Backlash in the first place he would have been sentenced for an
offence which he may have been misadvised that he did not have a
defence for.

Holland’s case gained notoriety as he had previously been charged with
a second, separate extreme pornography charge relating to a video clip
purportedly depicting a sexual act between a human and a tiger. This
charge was withdrawn when it was discovered that the prosecutor had
failed to listen to the video’s soundtrack, whererin one of the
“actors” made a comment about Tony the Tiger from the Frosties
commercials, proving the video was an elaborate joke and the tiger was
not real; leaving the prosecution deeply embarrassed.

Myles Jackman commented that: “it is ridiculous and dangerous that the
CPS are trying to criminalise the posession of dirty jokes”.

Please email for contact requests: info@backlash-uk.org.uk

Notes for Editors

1. Previous coverage of Mr Holland’s case can be found at

The Daily Telegraph:
http://www.telegraph.co.uk/news/uknews/6918001/Man-cleared-of-porn-
charge-after-tiger-sex-image-found-to-be-joke.html

And The Register: http://www.theregister.co.uk/2010/01/06/tiger_police/

www.theregister.co.uk/2010/03/22/six_second_clip/

2. Backlash is an umbrella organisation providing academic, legal and
campaigning resources defending freedom of sexual expression. We
support the rights of adults to participate in all consensual sexual
activities and to watch, read and create any fictional interpretation
of such in any media.

www.backlash.org.uk

3. Section 63 of the Criminal Justice and Immigration Act 2008 bans the
possession of various ‘extreme images’ which can include faked images
and depictions of
adults engaging in consensual sexual activities. For details of the law
see:

www.backlash.org.uk/?page_id=7