Child-porn convict alleges abuse in jail
TORONTO— A man found guilty of making and distributing child pornography is asking for a stay of his conviction after alleging he was abused while in custody.
Brian Way made the allegations at a recent sentencing hearing in Toronto, where he testified about being made to strip and “pirouette like a ballet dancer,” left naked in a cell, punched in the face by a guard and “sexually assaulted” by a court officer.
“Someone needs to be held accountable for what happened to me. I didn’t provoke, I didn’t do anything. These things happened strictly because of my charges,” Way said in court.
The allegations — which have not been proven in court — relate to the first few days of Way’s time in custody, in May 2011.
If he isn’t granted a stay of conviction, Way is asking for a reduced sentence that would be equivalent to the time he has already spent in custody.
Way was arrested in a massive investigation that led to more than 300 arrests in Canada, the United States, Mexico and other countries.
He was convicted last year on 15 charges related to more than 170 films he sold online through a company called Azov Films.
During Way’s trial, his lawyer argued the movies weren’t sexual but depicted the nudist lifestyle by showing boys engaging in various activities while nude.
Prosecutors argued Way knew he was making child pornography and argued the movies were made for a sexual purpose.
During a sentencing hearing, the Crown suggested Way was putting up an act and questioned why he brought up his allegations of mistreatment five years after the alleged incidents took place.