Evidence child porn came from police ruled admissible

Evidence that child pornography found on a Palestinian man’s electronic devices was related to his work with the Abu Dhabi police force is admissible, a Calgary judge ruled Wednesday.

But Justice Earl Wilson stopped short of setting aside his guilty verdicts in the case of Hani Al Askari on charges of importing and possessing child pornography.

Wilson wants to hear further submissions from counsel as to what his next step should be, whether it’s to declare a mistrial or hear further evidence that could lead to an acquittal.

Wilson said Al Askari’s testimony that he obtained child pornography while working as a computer technician for the Abu Dhabi police should have been called during his trial.

Al Askari said his former lawyer, Paul Gracia, decided at the last minute not to let him testify.

But Wilson said it is always up to the client to determine whether they take the witness stand.

Al Askari’s new lawyer, Nate Whitling, applied to reopen the accused’s trial after Wilson convicted him in May.

Al Askari told court he had arranged with Gracia to testify in his own defence to explain the illicit material found on his phones and other electronics at the Coutts border crossing related to his police work.

Under the Criminal Code, a person may possess such material if it has a legitimate purpose relating to the administration of justice.

But Al Askari said at the last minute Gracia told him he had decided his testimony would be unnecessary and argued the Crown hadn’t proved he had knowledge the material was on his devices.

Wilson determined the prosecution had, and found the accused guilty as charged.

Al Askari sought refugee status when he arrived at the Coutts crossing on April 12, 2015.

Wilson will hear further submissions from Whitling and Crown prosecutor Jenny Rees on Friday.