Farm busi­ness

Sen­tenc­ing hear­ing yet to be set

Journal Pioneer - - FRONT PAGE - BY JIM DAY news­[email protected]­nal­pi­oneer.com

A Sum­mer­side cou­ple has turned over a new leaf and gone back to their grand­fa­thers’ roots with the re­cent ac­qui­si­tion of a mar­ket for lo­cal farm­ers.

A Sum­mer­side man has been found guilty of pos­sess­ing and mak­ing child pornog­ra­phy.

Provin­cial court judge John Dou­glas will set a date Thurs­day for sen­tenc­ing 32-yearold Way­lon James Molyneaux.

Dou­glas said he does not call into ques­tion the re­li­a­bil­ity and cred­i­bil­ity of a wit­ness who tes­ti­fied to see­ing pho­tos on Molyneaux’s phone that were clearly porno­graphic.

Dou­glas said he is sat­is­fied the pho­tos were “for a sex­ual pur­pose…to cause sex­ual stim­u­la­tion for the viewer.’’

He added the im­ages cre­ated by Molyneaux con­sti­tute child pornog­ra­phy.

Dur­ing the trial, the court heard from a wit­ness who tes­ti­fied find­ing six or seven pho­tos on Molyneaux’s phone of an un­der­age girl, in­clud­ing some that had the girl’s but­tocks, vagina and legs ex­posed. Al­though the wit­ness deleted the pho­tos, the po­lice were able to re­cover them from Molyneaux’s phone after he con­sented to let them search it. Molyneaux also told the po­lice he took the pic­tures with­out look­ing at his phone’s screen and didn’t know what he was tak­ing pic­tures of.

He didn’t tes­tify dur­ing the trial.

The de­fence raised is­sues with how the po­lice re­cov­ered the pho­tos. The Crown didn’t sub­mit them into ev­i­dence. Dou­glas said the ab­sence of pho­tos does not re­duce the cred­i­bil­ity of the wit­ness who tes­ti­fied see­ing what she be­lieved were child porno­graphic im­ages on Molyneaux’s phone.

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

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