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Busted! by David Flint

First published in Teaser magazine


What's your worst nightmare? The one experience of your life that changed everything? Mine came on March 3rd 1998 at 7.30 in the morning, when I was awoken by an insistent knocking. Figuring it to be a somewhat over-enthusiastic postman, I stumbled out of bed and opened the door to find three men stood there. Now, call me paranoid or call me fatalistic, but I just KNEW that this was bad news. The leader of the three introduced them as members of Manchester Polices Obscene Publications Unit, and informed me that they had a search warrant, and that I was suspected of possessing obscene material for gain. And THAT, my friend, is when the roof fell in on my life.

But the story actually begins a couple of months later, when I received a call from someone who said he'd been told that I had porn videos for sale. This seemed rather suspicious to me. Not only did I not sell films, but the name he'd given as a contact meant nothing to me. I told him I didn't sell anything, but he was insistent, asking if I knew where he could get any. Here's where I made my mistake. Remembering tales of police officers making test purchases before raiding porn dealers, I thought that I was safe unless I actually supplied something - which obviously wasn't going to happen. So I decided to string the mysterious caller along, thinking that I could perhaps expose the sting and write a witty article about it. A few phone conversations followed, in which I made vague promises and cancelled planned meetings. Unfortunately, instead of realising that they were simply being joshed with, the police ran out of patience, figured they had enough evidence, and raided anyway.

So, back to the story. Bleary eyed and - lets be honest here - scared shitless, I had to stand and watch as the three officers took my home apart. It was gut-wrenching to see some twelve years worth of tapes being taken away, probably forever. Tapes that could never be replaced, some featuring incredibly rare movies that I didn't know of anyone else owning. Tapes which I needed for my work - at that time, I was close to completing BABYLON BLUE, my history of adult film for Creation Books, and just about to start work on a book about Michael Ninn for Salvation.

But it wasn't just the tapes. They removed my computer, three video recorders (including an old betamax machine which wasn't even plugged in), several copies of my short lived magazine SEXADELIC and lots of paperwork. If this hasn't happened to you, its hard to explain what the experience feels like... but imagine being burgled, having the burglars wake you up to watch, and constantly tell you that there's worse to come - that's about as close as I can get. Three hours later, I was left alone. The officer in charge had decided not to arrest me at that point; instead, they would examine the material, and have me go into the police station in Manchester two weeks later, where I would be formally arrested and interviewed. At this point, everything probably seemed fairly run-of-the-mill as far as they were concerned. They doubtless thought that I would follow the usual pattern of behaviour: keep my head down, try to get off lightly, avoid publicity, and hire a local solicitor who had no special knowledge of the obscenity laws. That's what most people do. But most people are terrified of their neighbours, their friends, and their family finding out. Me, I don't give a fuck who knows what I'm into. Lets face it, my name was already out there for the world to see. I took a different approach.

One of the first people I called was David McGillivray, and old friend who also happens to be something of an expert in censorship and sex. David soon called me back to say that Duncan Campbell, the crime correspondent of THE GUARDIAN, was interested in talking to me. The next day, I told my story to Campbell, and the following Monday saw a half-page report in the newspaper. The effect of this was immediate. I spent most of the day answering calls from local papers, TV production companies and even Canadian Public Radio! All seemed fairly shocked that a bona fide film researcher and writer could be turned over. All this had happened shortly after the University of Birmingham had been raided and faced possible prosecution over a Robert Mapplethorpe book in their library, and many people drew parallels. At this point, I had no idea why Id been originally targeted by the police, and the idea of a moral backlash by the Powers That Be against people promoting sexual freedom seemed all too plausible.

At the end of that week, I had to report to the police. By this time, Id secured the help of a heavyweight London barrister, who travelled up to Manchester to sit in on the interview. This, and the press coverage, had clearly rattled the police, who now found themselves dealing with a somewhat messier case than they'd probably expected. They'd also found no evidence to prove that Id ever sold a tape to anyone. The interview lasted around fifteen minutes, during which I answered no comment to virtually every question - even those asking if the quotes attributed to me in THE GUARDIAN were accurate or not. I was then bailed until July. Life over the next few months was surreal, to say the least. I had to try and carry on with my life, but was constantly aware of the threat hanging over me. Sometimes, I would lie in bed at night, my head buzzing with various best and worst case scenarios. Although my computer and a couple of hundred tapes had been returned to me a month or so after the raid, I still had no VCR, and another couple of hundred films missing. Things were made worse when I found out that two more people - one in Leeds, another in a small Scottish village - had been raided and arrested as a result of material found at my house.

The bail date was extended into early August, and for a time it looked as though the whole case would be dropped. Eventually though, I had to report back for a second interview. A week earlier, there had been a second, longer, angrier GUARDIAN piece, by Tom Dewe Matthews. But by this time, the police had accepted that I wasn't a porn dealer; however, they weren't quite through with me. On this occasion, I was re-arrested for conspiracy to produce obscene material for gain - the same accusation levelled at the man from Leeds, who'd been interviewed directly before me. The evidence for this was a home movie of a couple having sex which they THOUGHT showed me filming; a mock-up video sleeve found on my computer, and letters to Mr Leeds in which I discussed the IDEA of shooting porn. Even though these letters referred clearly to making movies that would either conform to BBFC regulations or be for overseas distribution only. Obscene material is, I was told, obscene material, no matter where you plan to release it.

The interview followed the previous pattern, and I was bailed again, this time until September 2nd, when it would be decision time. But the decision came before then. One week before in fact, when I received a call telling me that the Crown Prosecution Service had decided that there was no case to answer. Take note of that - no half-assed lack of evidence, we know you did it but just cant prove it but NO CASE TO ANSWER. It turns out that while its considered illegal to shoot porn in the UK, even for export, this law has never been tested in front of a jury, and the CPS weren't about to put it to the test.

And so, after six months, the rest of my stuff was returned. The police seemed relieved that the case was over - the publicity had been a major irritation for them, and something that they clearly hadn't been prepared for. It seems that someone - and if you're out there, thank you SO MUCH! - had even complained to the Home Office about what was happening to me. To be fair to the police though, they were as honest as they could be with me. Never once did they try threatening behaviour, or lie to me. They were, in the end, just doing their job. I just wish that their job had something to do with the real threats to the people of Manchester, like spiralling violence on the city streets every weekend. As for the initial complaint - well, it turns out that one of my ghastly, mean-spirited, shit-stirring neighbours had complained about me. Nice.

For me, its all over, though life will never be the same. I wonder about who's listening in on my conversations, who's twisting my words to fit their own bigoted ideas. I fear that knock on the door in the morning. But for some, like the poor guy in Scotland who was raided because of a letter he sent me, things are far worse. Despite having just 25 tapes and one video recorder, he's been charged and, to rub salt into the wound, I've been called as a prosecution witness against him. Makes you glad to be British, doesn't it?

(The case in Scotland finally collapsed spectacularly, with the only "evidence" ruled inadmissible. All tapes were returned and the defendant walked free. Over £150 was spent just to have me appear as a witness - and do little more than confirm my name and address. God knows how much the whole six+ month farce cost.)

 

Enforcement
Archive

 Customs Poking Around in your Lap-top
 Customs Guidelines & Seizures
 Customs Seizures Returned A very rare victory
 Customs Lift Tower Siege Another rare victory
 Defending Crap Law Maintaining bad law via the threat of escalating costs (Oct 2000)
 Computer Seizures The anatomy of a computer raid
 Modplod & Book Censorship Political censorship by harassment
 Obscene Interpretation of the Law Police raid on David Flint by Tom Dewe Mathews
 Busted David Flint tells of his experience of a police raid
 The Story of an Obscenity Trial The only obscenity is British Justice (Feb 2000)
 Selling Porn Taped from Satellite Trading Sub-Standards fail to entrap (Nov 2000)
 The Black Market for Sex Videos The Pornographer’s Best Friend (Feb 2000)

Enforcement  Customs Watch news about the enforcement agency with an attitude problem
 Customs Seizures since the change of guidelines in 2000
 Censorship the Corollary of Corruption Part 1 Part 2 The serialisation of a novel by Mike Freeman
 Piss Poor Standards at Derby Trading Standards (Oct 2005)
 Customs Operation Star Trek Child porn raid initiated for videos featuring 21 year olds (Sept 2005)
 Non Consensual Punishment Crown Persecution Service on spanking (Dec 2003)
 Model Persecutions Cheshire police excel in persecution (July 2003)

Tattered Union Jack UK Censorship UK News Government Censorship Parliament Watch
  European News Criminalising Extreme Porn Customs Watch
  Petitions & Campaigns Criminalising P4P Customs Seizures
    Criminalising Anime Satirically Dangerous Pics

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