Law is an ass, says porn trial judge

By PATRICK GOWER

A judge has called the law "a bit of an ass" over the limited penalties available to sentence a man convicted of possessing pornographic pictures of children.

Judge Lindsay Moore made the comment after fining Warren Bradley David Harding $760, with court costs of $4940, for possessing more than 250 computer images of girls as young as 3 involved in sexual acts, bestiality and extreme cruelty.

The fine was the only type of penalty Judge Moore could give Harding, who pleaded guilty in the Pukekohe District Court this week to 38 charges of possessing objectionable material.

In his sentencing notes, Judge Moore said: "Mr Harding, there are times when the law is a bit of an ass and this is one of them."

As Harding, an unemployed and previously bankrupt 60-year-old, had no real means to pay a higher fine or meet solicitor's costs, Judge Moore said he was left with a "hopeless tool" to punish him with.

"So I do not want there to be any misunderstanding on your part, or on the community out [t]here.

"The penalties I have imposed are the penalties that the law requires me to come down on because of your means.

"It has got nothing to do with what I think ought to be done at this stage to ensure that you do not offend in this way again."

Judge Moore also complained that while he could order the destruction of the material, he did not have the power to confiscate or destroy Harding's computer, which will be returned to him once the offending content is removed.

The Herald understands that the Auckland Crown Law Office will now refer the ruling to the Solicitor-General at Judge Moore's request because of his concerns, as a precursor to its being handed to the Attorney-General so the Government can review the legislation.

The charges were laid under section 108 of the Films, Videos and Publications Act 1993.

Crown prosecutor Tiana Epati told the Herald that she told the court at the sentencing that Harding's material was at the extreme end of the scale of objectionable material.

The prosecution summary of facts presented in court said Harding was investigated last year after a complaint was made about an advertisement he placed in the Waikato Times newspaper looking for a "part-time model."

Department of Internal Affairs censorship inspectors found the 250 objectionable images amongst nearly 1000 adult pictures either on floppy disks or Harding's computer hard drive.

The 79 objectionable images found on the discs showed girls aged from 3 to 17 either involved in sexual acts or showing their genitals, and included very young girls being sexually abused by men.

The 174 images found on his computer included bestiality, urination and a picture of a young girl being whipped.

Harding had also set-up a hotmail website called "Mommy's Island Place" and, having assumed the online identity of a woman called "susanclaire83," would ask women and girls who joined to tell stories about themselves.

Harding, a baker by trade and a former senior officer in the Hamilton Fire Service, said he had kept the pictures only because he did not know how to delete them.

His lawyer, James Parlane, last night refused to comment.

Judge Moore said in his notes that he wanted to make it quite plain for the record that he did not accept that the material was stuff Harding did not know how to delete.

He said the reality behind Harding's offending was that there was a major human problem, but he was unable to deal with those issues.

"If I could, I would be getting a probation report and a psychological or psychiatric assessment to see what has gone wrong with a man like you who had a good career, who obviously had ability, finished up having to leave the workforce because of poor health, then ... you got reduced to this."