Judge's strongly worded attack after trial halted
A JUDGE has launched a stinging attack on the Crown Prosecution Service (CPS) after the trial of a leading Westcountry artist was stopped.
Judge Christopher Elwen accused the CPS of "serious failure" in bringing the case against internationally-renowned artist and photographer Graham Ovenden.
-
Graham Ovenden
Mr Ovenden, 67, from Mount near Bodmin in North Cornwall, pleaded not guilty to 16 charges of making indecent images and one charge of possessing an indecent image of a child.
But following a three-and-a-half year investigation involving Metropolitan and Devon and Cornwall Police officers, the trial was stopped.
Announcing his judgement at Truro Crown Court yesterday, Judge Elwen criticised the CPS for failing to call as witnesses two police officers who conducted the search of Mr Ovenden's home. The defence team said the evidence of PCs Tapper and Lemon was crucial to the case.
Judge Elwen said: "Given the nature of the allegations the defendant faces, every scintilla of evidence in exploring the precise details of the search (of Mr Ovenden's home) are, it seems to me, vital to him. The absence of these officers causes serious risk of prejudice to the defendant."
The court heard how officers raided Mr Ovenden's gothic mansion in November 2006. The prosecution said officers found 16 separate images the artist had created, along with 121 other allegedly indecent images stored on files in his computer's memory.
But Mr Ovenden, whose work is featured in galleries in London and New York, said the images had been used to create his world-famous artwork, some of which included naked children.
The court heard how legal arguments between the two parties had delayed the case's progress since Mr Overden's first appearance before Truro Crown Court in October last year.
The wrangling caused the jury to be discharged at the first trial, with a new date set for April.
But the second trial was stopped this week after it was discovered the prosecution had failed to notify PCs Tapper and Lemon that they would be required to give evidence in court.
One had since retired from the force while the other was on a round-the-world trip. Both were unavailable as witnesses in court.
The officers were said to be involved in the original search of Mr Ovenden's home, something which the defence team wanted to explore further under cross-examination.
Mr Ovenden was yesterday permitted to sit in the public gallery while Judge Elwen delivered a strongly-worded criticism of the prosecution.
The Judge said: "The prosecution has failed in its duties of disclosure... to recall all searching officers whose witness statements have been served to give evidence.
"Some within the prosecution knew Messrs Tapper and Lemon had not been contacted and subsequently told the defence team of their unavailability.
"(This was) a serious failure on the part of the prosecution.
"In my judgement he (Mr Ovenden) cannot receive a fair trial and in those circumstances the indictment is stayed and the defendant discharged."
The Judge adjourned the hearing until this morning to allow the prosecution time to consider an appeal.
15 Comments
View all
by Jonty, Devon
Monday, April 12 2010, 1:44PM
“Why all the attacks on the Police?
It's made quite clear that the reason the Officers were not there was because the CPS did not notify them that they were required.
It's clearly a CPS failing - nothing to do with the Police.”
by Lafrowda, St Just in Penwith
Monday, April 12 2010, 1:39PM
“The censure is just if police sloppiness allow a polluter of our society to escape. Offensiveness is a means of fame when ability is in short supply.”
by Charles Henry 1945-(diuturnity), Somersetshire
Monday, April 12 2010, 9:40AM
“:| "Curiouser and curiouser.". . Just more 'Common Purpose' policing that went wrong perhaps?”
by Anon (not a police officer!), Devon
Monday, April 12 2010, 7:44AM
“My last line should have read:-
They would not know when the court case was being heard without being notified by the CPS!!”
by Anon (not a police officer!), Devon
Monday, April 12 2010, 7:40AM
“And how 2 experienced police officers can forget they'd be needed?
Angry of Mayfair, Exeter
All witnesses (including police officers) are notified IF they are required to give evidence by the prosecution or defence. To say that these officers 'forgot' is inaccurate. They would not know when the court case was unless notified by CPS!!”
by Jim, Cornwall
Sunday, April 11 2010, 3:19PM
“I hadn't heard of him before, but a quick search brought up this site http://www.grahamovenden.com/art.php?min=0&max=10000000 selling his work, and the image "untitled I" certainly strikes me as being an unnecessary exposure of a child and not artistic. Do those who consider themselves artists expect different rules to apply? A judge in San Diego ruled that "[The books] are not for art¿s sake but for sexual purposes" http://www.thefileroom.org/documents/dyn/DisplayCase.cfm/id/1093 referring to a book of images by Ovenden and David Taylor.”
by Pip, Porth Emmet
Saturday, April 10 2010, 7:54PM
“No matter how you brand it, it is still child pornography - "the images had been used to create his world-famous artwork, some of which included naked children."”
by Charles Henry 1945-(diuturnity), Somersetshire
Saturday, April 10 2010, 12:14PM
“:| I agree Angry of Mayfair. . It was just an opportunity I took to express an opinion. . Could the police have maybe realised they had been 'digging holes looking for bodies that were never there in the first place' again perhaps? . . Several notable trials have resulted in acquittals in recent times leaving them with egg all over their faces. . But in other cases someone has to die or be shot before any action is taken. . They seem to almost be looking for headlines now just to make the statistics look. good.”
by Angry of Mayfair, Exeter
Saturday, April 10 2010, 10:09AM
“Interesting thoughts Charles but they don't apply in this case. Just another example of the CPS as per Molly's definition. This case has cost thousands but I bet they wont stretch to sending the vital witnesses return tickets from where ever in the world they are. And how 2 experienced police officers can forget they'd be needed? Laugh or cry folks...”
by Charles Henry 1945-(diuturnity), Somersetshire
Friday, April 09 2010, 8:40PM
“:( As I said before Henry; please stop feeling so inferior. . . It's not all your fault really. . You have probably got an atrophied frontal lobe now, which is the most advanced part the brain. . This enables the rest of us to do things like problem solving and planning, and all the cognitive functions like behaviour and how we respond to events and other people. . . I expect you were an only child and lacked discipline. . When children have brothers and sisters they get rid of all these stresses early in life so they can develop good relationships with people later in later life. . I'll have a word and see if I can arrange for one of the benzodiazepine drugs for you. . The alternative may have to be a course of stilbestrol. . Best Charles
And if you say you've started dribbling, you had better wear a bib.
http://www.youtube.com/watch?v=5P6UU6m3cqk&feature=watch_response_rev”