Kear – Martin John - Photo.

http://www.smh.com.au/news/National/Exdetective-visited-porn-site-8000-times-prosecution/2005/05/31/1117305602697.html

Ex-detective visited porn site 8000 times: prosecution

By Natasha Wallace
May 31, 2005 – 2:06PM

A former NSW Police officer is accused of visiting a website depicting naked, pre-pubescent boys more than 8000 times while working as a detective in the child protection squad.

Martin John Kear, 38, of Sutherland, yesterday pleaded not guilty to one charge of possession of child pornography in relation to 46 images of naked boys found on his home computer.

Kear, a former detective senior constable in the NSW Child Protection and Sex Crimes Squad, was arrested during the Australia-wide Operation Auxin swoop.

Kear used his Westpac credit card to pay a month’s subscription, for $49.95, to access the members-only section of the site Allxboys, which he visited between April 16 and September 8, last year, Sutherland Local Court heard yesterday.

He allegedly used a free Hotmail email address in his own name, according to a prosecution statement.

The statement alleges that evidence from his former superiors – he is no longer at the force as of last month – show Kear is unable to use the defence that he was performing work duties.

The statement, handed to Magistrate Paul Lyon, said: “The defendant remained a member of allxboys website for 30 days. Within this period of 30 days, the 46 images relied upon by the prosecution were obtained. The defendant used his computer to visit the allxboys internet site on 8399 occasions … The defendant intentionally reached out for the images found on his computer.”

It also said, “the sign-up page or front door, signals to the defendant that the allxboys site contains images of naked male children” and indicated the site had 60,000 images plus movies.

The images were allegedly stored by his home computer in a cache, or temporary file, on the hard drive.

The computer creates the cache, not the user, when the user views an internet image, even if just for a second, and even if it is deleted and not saved.

Defence barrister Philip Boulten, SC, told the court yesterday that Kear did not know how to access the images stored in the cache.

A hearing was due to begin this week but was delayed until June 17 after the defence challenged the particulars of the charge – whether it was alleged Kear possessed the images over the five-month period or at specific times.

Mr Boulten likened it to a video store membership – a person is not in possession of all movies at all times, he said.

“Simply because a man in Sydney pays a subscription that allows the downloading or access to those thousands of images does not mean you are in possession of them because you do not know which ones exist,” Mr Boulten said.

Mr Lyon ordered the DPP provide “further and better” particulars within a week.

 

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