A COMPUTER expert could make legal history when he challenges child pornography charges in court.
Lawyers acting for Sven Tudor-Miles will try next month to have the allegations of making indecent images of children thrown out - because the pictures are of adults.
Mr Tudor-Miles accepts that he created the images by scanning pornographic photographs into his computer and digitally manipulating them.
The 38-year-old, from Teesside, used his technical know-how to reduce the breast sizes and alter the genitalia of the women.
He covered the modesty of some by adding school uniforms.
His barrister David Lamb describes the case as "strange" and will argue at Teesside Crown Court next month that Mr Tudor-Miles has not committed a criminal offence.
Details of the case emerged on Friday when a date was set for legal arguments between Mr Lamb and the Crown Prosecution Service in front of a senior judge. The judge must decide whether Mr Tudor-Miles, of Bankfields Road, Eston, near Middlesbrough, has broken the law and if the prosecution can continue.
On Friday, the judge, Recorder Jeremy Richardson, said the issue should be considered by a more senior judge, but indicated that he thought the images would be classed as illegal.
He said: "My instinct is that it is a criminal offence but that's without having the benefit of the argument on the point.
"I think this is exactly the sort of mischief Parliament intended when they brought in legislation for pseudo- images."
At an earlier hearing, a different judge cast doubt on whether Mr Tudor-Miles had committed an offence and used the analogy of a "Tarts and Vicars" party.
He said a photograph of women dressed as schoolgirls at such an event could not be considered child pornography.
Mr Recorder Richardson said: "He has - by his skill on a computer - made more mature women look to be under the age of 18."
But Mr Lamb said: "At no stage does the image become that of a child - the face remains the same.
"He scanned the images of the females into his computer and then reduced the size of their breasts and altered their genitalia, and on some hand-drew a white blouse and stripey tie, and on another one, a short grey school skirt."
It is believed the Crown Prosecution Service will take the case - thought to be the only recorded one of its kind - to the Court of Appeal if Mr Tudor-Miles is successful in his bid to have the charges dismissed.
http://www.thisisthenortheast.co.uk/...t_pictures.php
Specifically because several years ago in the United States the Free Speech Coalition were successfull in getting a similar law struck down.
I for one, hope the charges dont get dropped.
Regards,
Lee
Reply With Quote
Bookmarks