Child pornography charges against a Nova Scotia photographer have been dismissed because police took too long to examine his computer.
However, New Glasgow resident Earle MacDonald is now accused of a different sex crime.
Police seized MacDonald’s photography equipment and computers in Feb. 2011.
He was charged with possessing, accessing and distributing child pornography four months later.
The computers were sent to a police lab for a full analysis, but it took 15 months before the forensic report was ready.
The courts say that is simply too long and today Nova Scotia’s Internet Prosecution team dismissed the charges due to unreasonable delay.
“But really this was a matter of, not if this could happen, but when this was going to happen,” says Crown attorney Craig Botterill.
“This is just the symptom of the growing pains in this particular field of law enforcement. The proliferation of Internet crimes against children is something we’re all struggling with keeping up with.”
Botterill says police resources have increased since the charges were laid and this kind of decision should not happen again.
MacDonald offered little comment as he left the Pictou courtroom Thursday, but his lawyer says the judge’s message to the police lab is clear.
“When computers are sent to them for analysis, they must deal with it,” says Rob Sutherland.
MacDonald was issued a stay of proceedings on the child pornography charges just before the hearing Thursday morning.
However, he was also charged with an additional offence - one count of bestiality.
“The language of the charge itself alleges that this was sex between the accused and a dog,” says Botterill.
MacDonald is due back in court Dec. 17 to answer to the bestiality charge.
With files from CTV Atlantic's Dan MacIntosh
