Myles Jackman, Simon Walsh’s solicitor, reveals significant issues in the Guardian about a test case, ones it was not possible to tweet about during the trial itself.
“Like Simon, you could be sent a potentially illegal picture via email.
One which you never requested or opened, only to later find yourself in court, accused of being in possession of it.
While some defendants have hundreds of thousands of allegedly extreme or indecent images on their computers, Simon had five images of consensual adult sexual activity and a single unrequested picture unopened on his email server attached to an email containing a story about “Jason”.
Simon never requested this image and the prosecution were unable to prove Simon ever opened, viewed or knew it. In the story Jason was described as being in his mid twenties.
The prosecution described Jason as being 14 years old; the legal age of representation in pornography being 18.
Three defence experts viewed the image and stated in written reports that Jason was in his twenties. As a matter of legal procedure, the jury never heard this expert evidence. Instead they used their common sense and acquitted Simon.
People need to know how to modify their behaviour in accordance with the law, yet it is unclear what acts constitute “extreme pornography”.
Would you even know what material might be illegal? Have you been sent junk emails and not opened them? How much do you know about operating systems caching images attached to unopened emails?”