A 49-year-old man has been found not guilty of making indecent images of children after a three day trial in Royal Court.
Leon Peter Journeaux was facing three counts of making 35 indecent images of children, all of which he denied.
His case was heard by Royal Court Commissioner Sir Michael Birt and Jurats Collette Crill and Pam Pitman who agreed unanimously he was not guilty.
Mr Journeaux was accused of having made the images between 2015 and 2018, when they were discovered by the police following a search warrant.
Pictured: Mr Journeaux faced a three-day trial in Royal Court.
The defence lawyer, Advocate Luke Sette, rejected this saying there wasn’t enough evidence to support the prosecution’s case.
He explained that some of the files concerned in the case had been found within the temporary internet cache – where copies of webpages visited by a user are kept – and that some of the data on the page might not have been seen by the user. Advocate Sette said the page would be downloaded as a whole, even if the user only looks at the top.
He added that some of the images had been found in unallocated clusters, which contain discarded data someone has deleted off their computer. Advocate Sette described it as the trash adding that if files were in there, it meant the user was either not interested in them or didn’t expect to find them.
Advocate Sette argued Mr Journeaux hadn’t downloaded those files intentionally and deleted them.
The defence lawyer agreed Mr Journeaux had downloaded the images found in the downloads folder intentionally but added it wasn’t “obvious” they would contain indecent images of children.
He said Mr Journeaux was neither interested nor looking for indecent images of children and had “attempted to navigate search results to avoid such content.”
“The overwhelming evidence is that he is not interested in that type of material,” Advocate Sette. “He was not reckless in downloading material… There is simply not enough evidence to establish he thought these files contained indecent images of children.”
He urged the Jurats to return a not-guilty verdict, which they did after a very short deliberation.
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