Man released in child porn case

Judge imposes conditions on Waylon James Molyneaux release

A Summerside man who was sentenced to one year in jail on child pornography charges has been released from custody pending an appeal of his conviction.

Last month, a judge sentenced Waylon James Molyneaux after previously finding him guilty of possessing and making child pornography.

Molyneaux appealed his conviction and sentence.

He also sought his release pending his appeal, which P.E.I. Court of Appeal Justice John Mitchell granted after a recent hearing.

In his decision, Mitchell said if Molyneaux were to remain in custody he might serve half of his sentence or more before the appeal is decided.

“That in my view is a significant portion of his sentence,” Mitchell wrote.

Mitchell said public confidence in a decision has to be measured through the eyes of a reasonable member of the public who is thoughtful, dispassionate, informed of the circumstances and respectful of society’s fundamental values.

He also said the court has to balance that with considering the seriousness of the offence, the circumstances of the offence and the strength of the appeal.

In ordering Molyneaux’s release, Mitchell wrote he believed the “proverbial man on the clapham street omnibus” would be satisfied that public safety can be ensured by imposing several conditions.

After the trial, P.E.I. provincial court Judge John Douglas found Molyneaux guilty based on evidence from a witness who said she saw nude photos of an underage girl on his phone.

Molyneaux appealed on several grounds, including that Douglas erred in convicting him based on that evidence.

In Mitchell’s decision, he wrote Molyneaux had no record of failing to appear in court, he has a place to live and he has a job waiting for him.

Mitchell said he didn’t want to give an opinion about Molyneaux’s chances of success on the appeal without having a full record and arguments.

“Nonetheless, at first blush, while his appeal is not frivolous neither does it jump out at one as being a clear winner.”

While awaiting his appeal, Molyneaux must abide by several conditions, including not having any contact with the victim.

Molyneaux is banned from any contact with anyone younger than 16 without the supervision of an adult.

He must report to the Charlottetown police every Friday.

Molyneaux is also banned from using, owning, possessing or acquiring pornographic materials through the internet, in print or otherwise.

He must surrender himself into custody on the day of the appeal and any time after as the court requires.

A publication ban prevents the release of any details that could identify the victim.