By CAM LUCADOU-WELLS
A MAN is fighting child pornography offences over images of baby girls in nappies that were found on his i-Phone.
Police prosecutor Senior Constable Aimee Ryland told Dandenong Magistrates’ Court on 2 November that the images had been uploaded from a ‘synched photos’ album within the man’s Facebook account.
She said the accused had denied knowing about the images, blaming either the man’s nine-year-old son or a “vindictive ex-partner”.
Neither of those parties had yet made a statement to police, the court was told.
Defence lawyer Bernard Keating said the man had told Greater Dandenong police’s Sexual Offences and Child Abuse Investigation Team he was receiving notifications that his son was using his phone and Facebook account.
Mr Keating also raised doubts whether the images were child porn.
He said the subjects, due to their youth, had a cognitive inability to portray themselves in a sexualised manner.
He paraphrased a US Supreme Court statement on the theme that it was difficult to define but “I know it when I see it”.
“It’s in the eye of the beholder.”
Magistrate Jack Vandersteen said his preliminary view was at least five of the images sexualised the subjects – through they were wearing nappies.
One of the photos for example lacked “prior innocence”.
“She’s on the floor of a lounge room with a heater in the background.”
Mr Vandersteen said the other images should be viewed not in isolation, but as a collection of similar images of similarly aged female babies.
He said the general community would find objection with the images.
“It’s open for a magistrate to conclude that (it’s pornography).
“It’s unusual you see children in these poses.”
Mr Vandersteen said he had not yet been provided details on when or how the images were uploaded onto the phone.
The matter was adjourned for further mention at Dandenong Magistrates’ Court on 2 December.
