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CPS statement on Darryn Walker

29/06/2009

The Crown Prosecution Service has today, 29 June 2009, offered no evidence at Newcastle Crown Court against Darryn Walker, accused of one offence under the Obscene Publications Act, 1959.

The court was told by David Perry, QC, for the Crown, that there was no longer a realistic prospect of conviction. This followed the defence serving new evidence on the prosecution on 12 June 2009, just over two weeks before the trial was due to start. The case was reviewed again and in the light of the evidence, it was decided it could no longer go ahead. We notified the defence and the court of our decision as soon as we were able. The court was told the prosecution had received a number of expert reports, one of which cast doubt over the accessibility of the article to people searching the internet and that it could only be found by those determined to find it. The prosecution was unable to provide sufficient evidence to contradict this and so took the decision there was no longer a realistic prospect of conviction.