Man didn't intend to import child porn, Lawyer

argues

Accused sought to clean computer's hard drive before move

from Idaho

Ottawa Citizen 7 Oct 2008 BY ANDREW SEYMOUR

An Ottawa man who admits to possessing more than 22,000 Images of child pornography while in Boise, Idaho, should be found not guilty of criminal

charges in Canada after he made "genuine, repeated efforts" to

make sure the prohibited materials never entered the country, his

lawyer argued yesterday.

James Harbie said 31-yearold David McDermid never intended

to bring his vast collection of pornographic Images and

mOVIes involving children to Canada when he moved back to

Ottawa in April 2006, instead ordering an associate in Idaho to

"nuke" the hard drives of his four computers before shipping them

to Canada.

It was only when he went to a bonded warehouse to pick up his

possessions on May 16, 2006 - after customs officials had found

the images - that he discovered his instructions hadn't been followed,

Mr. Harbic said.

Mr. McDennid was then charged with one count each of

importing and possessing child pornography, charges to which he

pleaded not guilty yesterday.

"At no time did he intend to import or possess prohibited material

into Canada," said Mr. Harbic, arguing that an instantmessaging

conversation entered into evidence yesterday between his

client and the other man offered "clear, convincing proof that he

did not want to import it into this country."

Assistant Crown John O'Halloran, who attorney described Mr. McDermid as a "prolific collector" of child pornography, argued

that Mr. McDermid was in "constructive possession" of the

images at all times and maintained a measure of control over

the items when he sent messages to his friend to destroy the items.

At the time, Mr. McDermid's stash was the largest encountered

by the Ottawa police, said Mr. O'Halloran.

Mr. O'Halloran said Mr. McDermid sent the instant message

asking for the hard drives to be wiped only after he was subjected

to a search by Canada Customs officials that included an inspection

of his laptop computer when he arrived on April 12.

Mr. O'Halloran argued Mr.McDennid fully intended to import

his collection to Canada and the only reason he didn't was to

avoid entanglements with Canadian authorities when he realized

the harddrives would be subject to search.

"That warned him and he did the right thing," argued Mr.

Harbic.

Ontario Superior Court Justice Charles Hackland is expected

to rule on the case Nov. 13.