In the wake of a major Australian child porn sweep, the possibility that police error might have freed at least 30 suspects in New South Wales has reportedly forced the local government to back off previous denials and amend its child porn laws to close risks that suspects walk free right after they’re charged.
New South Wales Attorney General Bob Debus admitted October 19 that the administration would have to amend the territory’s child porn law to close reported loopholes that allow certain child porn cases to be thrown out of court if police fail to have certain visual evidence deemed illegal by the Office of Film and Literature Classification.
Opposition leader John Brogden made headlines in New South Wales last week when he claimed that loophole plus police “bungling” could mean as many as 30 men arrested during the massive child porn sweep would have charges against them dropped. Brogden went far enough as to call New South Wales police minister John Watkins “a disgrace” and to demand Watkins’ resignation.
Debus told the Australian media the law as it stood was fine but “in all the circumstances we want to make it just a question that is beyond a reasonable doubt.” And he in turn called Brogden irresponsible.
The reputed loophole allowed police to get such child porn material classified after suspects were charged, but the prospect of a court throwing out the charges because in effect it would have meant suspects arrested and charged before evidence prompted Brogden and others to speak out, according to various Australian news reports.
“There's a clear clause that allows the police to do the classification after the laying of charges,” said former Law Society president John North, “but then again the police would want to make sure they had a reasonable case before they charged a person. You cannot walk around as a policeman charging people with crime without a reasonable cause."
