- Reaction score
- 0
- Points
- 260
No jail for soldier in porn case
By DON MACPHERSON The Canadian Press
GAGETOWN, N.B. — A soldier from Nova Scotia who used computers at a New Brunswick military base to secretly view child porn received a suspended sentence during a court martial held Wednesday.
Master Cpl. , originally of Glace Bay, pleaded guilty to the National Defence Act charge of accessing child porn.
He looked at the images in October 2004 at computers in a classroom at Canadian Forces Base Gagetown.
A suspended sentence means doesn’t have to serve time behind bars as long as he commits no further offences in the next year.
He will pay a $2,500 fine over the next year.
, an instructor with the school of Military Engineers, admitted at a court martial Wednesday that he had viewed the images.
Assistant prosecutor Maj. Jean Caron said no images were retained on the computer, located in a classroom at the military engineering school, and that’s why faced the charge of accessing child porn rather than possessing it.
Caron said a soldier with the Canadian Forces computer incident response team in Ottawa received an alert unauthorized websites were being accessed.
That technician discovered someone using user login "accessed unauthorized websites containing child pornography," Caron said.
The web surfing sessions totalled about 2 1/2 hours between Oct. 21, 2004, and Oct. 25, 2004.
Caron noted co-operated fully with military police during the course of their seven-month investigation and has shown remorse for his actions.
Patrick Hurley, a Fredericton civilian lawyer who served as defence counsel, called no witnesses during Wednesday’s sentencing hearing, but submitted a package of letters of support, from wife and fellow soldiers.
They all expressed their continued support for the soldier in those letters, Hurley said.
The prosecution and defence submitted a joint proposal for sentence, suggesting that the case law indicates a 10-day term of imprisonment and a $2,500 fine would be appropriate.
, who has no children, has served in the Canadian Forces for nine years and had an exemplary record until this offence.
He has served three tours of duty, in Bosnia in 1999, Eritrea in 2000 and Haiti in 2004.
Hurley said his client has a stellar reputation in both the military and general communities.
"He is a soldier at heart," the defence lawyer said.
Commander Peter Lamont, the judge who presided over the court martial, said it is his duty to impose the least severe sentence that will still maintain discipline in the military.
"I consider that ( ) has demonstrated real remorse," Lamont said, noting the letters of support indicated the offence was out of character and unlikely to be repeated.
Speaking with reporters following the court martial, Caron said future in the military is up to others to determine.
Now, here is the burning question....................Should he be retained?
By DON MACPHERSON The Canadian Press
GAGETOWN, N.B. — A soldier from Nova Scotia who used computers at a New Brunswick military base to secretly view child porn received a suspended sentence during a court martial held Wednesday.
Master Cpl. , originally of Glace Bay, pleaded guilty to the National Defence Act charge of accessing child porn.
He looked at the images in October 2004 at computers in a classroom at Canadian Forces Base Gagetown.
A suspended sentence means doesn’t have to serve time behind bars as long as he commits no further offences in the next year.
He will pay a $2,500 fine over the next year.
, an instructor with the school of Military Engineers, admitted at a court martial Wednesday that he had viewed the images.
Assistant prosecutor Maj. Jean Caron said no images were retained on the computer, located in a classroom at the military engineering school, and that’s why faced the charge of accessing child porn rather than possessing it.
Caron said a soldier with the Canadian Forces computer incident response team in Ottawa received an alert unauthorized websites were being accessed.
That technician discovered someone using user login "accessed unauthorized websites containing child pornography," Caron said.
The web surfing sessions totalled about 2 1/2 hours between Oct. 21, 2004, and Oct. 25, 2004.
Caron noted co-operated fully with military police during the course of their seven-month investigation and has shown remorse for his actions.
Patrick Hurley, a Fredericton civilian lawyer who served as defence counsel, called no witnesses during Wednesday’s sentencing hearing, but submitted a package of letters of support, from wife and fellow soldiers.
They all expressed their continued support for the soldier in those letters, Hurley said.
The prosecution and defence submitted a joint proposal for sentence, suggesting that the case law indicates a 10-day term of imprisonment and a $2,500 fine would be appropriate.
, who has no children, has served in the Canadian Forces for nine years and had an exemplary record until this offence.
He has served three tours of duty, in Bosnia in 1999, Eritrea in 2000 and Haiti in 2004.
Hurley said his client has a stellar reputation in both the military and general communities.
"He is a soldier at heart," the defence lawyer said.
Commander Peter Lamont, the judge who presided over the court martial, said it is his duty to impose the least severe sentence that will still maintain discipline in the military.
"I consider that ( ) has demonstrated real remorse," Lamont said, noting the letters of support indicated the offence was out of character and unlikely to be repeated.
Speaking with reporters following the court martial, Caron said future in the military is up to others to determine.
Now, here is the burning question....................Should he be retained?
