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The only obscenity is something called British Justice

An important avenue of porn distribution in the UK is via mail order. Many of these companies are based in mainland Europe and only have a skeletal duplication and distribution operation actually in the UK. The police have been hounding one particular operation for some time and last December (1999) it came to trial. However the jury could not come to a decision and so it was declared a mistrial. The case will recommence sometime this year, July at the earliest.

To date the case has cost the tax payer more than £500,000. What a criminal waste of money on something that is no longer considered obscene by anywhere near enough number of people to justify this horrendous persecution.

This is the story as relayed to me by one of the defendants

18.02.00


I have had links with the porn industry for around seven years. I first started printing video catalogues for a Dutch company called Premier Choice way back in 1993/4. They consisted of the same kind of material as the Canamax catalogue over which I was prosecuted. I also printed a catalogue for Jennifer Clifford and numerous other Dutch companies and these were all printed, packed and posted by myself from premises in York, just over the road from York Central Police Station.

I had a visit from York police during 1995 asking about pornography and my involvement in it. The raid and search lasted around two hours, and they had present a female officer from the paedophile squad in Manchester. She assured me that there was nothing in the catalogue that bothered her in the least. I then asked the superior officer at the scene whether or not I could continue to print the material found. His answer was that he had no idea!! Surely I said you are the law man, and must know whether or not I can carry on, his reply was don't ask me, ask the vice squad!! Unbelievable no!!!

Okay so off they go, and on I go with the printing and distribution of the catalogues. I now travel very regularly between the U.K. and Amsterdam, as I am now designing the catalogues myself, as well as printing them in York. This carries on until the 17th December 1996 when I am raided at my home in York at 7a.m. by HM Thieves & Exercise They had intercepted some video sleeves that I had designed (and as my printing company was no longer in operation) and had printed in Holland. I asked for samples to be sent back to me for my portfolio. They took all my computer equipment, effectively killing my design business in the process. What a shite Christmas that was. So, six months later I'm in Amsterdam and get a call from my Lawyer. Out of the blue, the case is dropped, and they would like to return all my equipment!!

Six months of uncertainty for no good reason, but as I realised over the next few months, this is how Customs work. I was stopped at every airport and dock that I used, and on one occasion at East Midlands, I was strip searched and internally searched on suspicion of importing pornographic material, what did they think, I could get a  vhs tape up my arse!!! They then took from me a video I had purchased in the U.K. about body piercing on the premise that it contained obscene material!! My car has been stripped down at Hull docks, again on the premise that I was importing obscene material, a computer I had with me was seized, but returned within a week when pressure was applied by my lawyers.

OK so I feel I've been persecuted, but then we get back to the latest case. Happily working away, doing nothing more than I have previously, and without prosecution I might add, I am raided again, this time at my parents house This is in May 1998. All my computer equipment is once more seized, I am hand cuffed in front of my parents and read my rights. Thousands of brochures are also seized and I am told I am being arrested on suspicion of distributing prornographic material, namely Canamax brochures Edition 2 and 3.

Down to the local nick and I am questioned by the local plod outlined as follows:

  • What do you know about pornography, you realise you've been arrested for distributing pornography don't you.
  • Yes I do, and that's not  illegal to the best of my knowledge.
  • Well it is
  • Wrong pal, I think you must be thinking of obscene material, now that would be illegal!
  • Yes it would, and that's what wed like to talk to you about, obscene material
  • I do not distribute anything that is obscene, all the stuff I do is completely consensual and is only thought to be obscene by you!

Anyway on we went for around half an hour as they tried to tell me I was in really deep water, that Manchester OPS were involved and that it would go well for me if I told them what they wanted to hear. When they realised I was not interested in helping them, they stopped the interview, but not until another officer asked me if, should the case go to Crown Court and a jury found the material obscene, would I agree with this verdict, I answered with a resounding NO!!!

After releasing me on bail, the copper who asked the final question took me to one side, and told me strictly off the record that he felt the whole thing was a load of bollocks, and that he wished he wasn't involved. After much toing & froing between my lawyers and one DC Stephenson in charge of the investigation, it was decided that after 10 months I could have my computer equipment back. This was duly delivered to my associates house, where I found that none of it worked, and a few grands worth of Apple Mac was down the pan. I was told I could get no compensation from plod, as they worked when they had them!!!

I had in the meantime bought new equipment and was trying to build up my business once more, as I had been told on numerous occasions that the case wouldn't get to Magistrates, never mind Crown. The case was heard at Harrogate Magistrates Court in September of 1999, fully sixteen months from my arrest, and we were told that the case would be heard at York Crown court six weeks hence. It wasn't!! The CPS had not given my barrister any of the evidence they were going to use against me, and therefore my legal team approached the trial Judge who then told the CPS that they had until the Friday to accede to our wishes, or he would throw the case out. They didn't manage it, so of course I have a  drink to yet another waste of my time and the public purse, but what's this, the Judge has changed his mind, and now gives the prosecutors another six weeks to get their act together!!! Never trust a copper or a Judge!!

On we go and we appear at the plea hearing, me on two charges, and my co-defendants on nine, namely nine videos they feel are obscene. I've been told they have no chance of successfully prosecuting me on brochures, so I'm in good spirits. When we get to the court house, they old bill have changed the indictment to one of conspiracy to distribute obscene material, namely brochures and videos, so now they have me on nine counts as well. Talk about moving the goalposts, even Ronaldo couldn't have scored through this pair of constantly moving ones!!!

So they have done all they possibly can, had all the help they can get, and we actually go to trial in December 1999. The trial lasted 11 days, cost a fortune, there were five of us in the dock, all with our own barristers, and all of us on legal aid! We end up with a jury of ten because on old guy reckoned he knew one of us, and an old dear was bored after about half a day and wouldn't watch any more! The jury was split 5 men and 5 women, and after being out only one hour, came back and told the Judge, (who wanted a unanimous verdict, as this was a landmark case) that they could not get the required verdict. He sent them back out, telling them to try their best, and he would bring them back at 4.30 p.m. When they came back the answer was the same, so the Judge said he would accept 9-1, impossible said the jury foreman, well that's my best offer said the Judge, if you're sure you cant make that then you are all dismissed!! We were told that the majority were in our favour, but it wasn't good enough. I am now waiting to find out if I have to go through a re-trial, though once again I've been told it is highly unlikely, so out of the last four years, I have spent 3 of them on Police bail, that's the great British justice system for you. In the process, I have lost a partner, a business and a lot of computer equipment, and have not been convicted of anything at all. My name, address and photo have been plastered over all the local papers, and many of the nationals, yet I am told there can be no compensation at all for the grief of the past two years. The British justice system is stacked against the individual, and there seems little if any chance that this will change.

 

Enforcement
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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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