Avon & Somerset Chief Constable faces jail for defying High Court

bristol | policing | news report Tuesday May 19, 2009 11:44 by Tony Gosling

Colin Port tries to stop release of potentially damning evidence that officers added illegal images to a suspect's computer

After generally being an expert witness for the police computer expert Terence Bates starts to give evidence against the police. Hey presto - he is prosecuted and as the blowback begins for CPS and police corruption and he begins to clear his name the High Court steps in. Colin Port is looking decidedly rattled.

Befuddled Avon and Somerset Chief Constable (of cover-ups) Colin Port

Bates: Cops to defy courts over return of indecent material - By John Ozimek
A police chief would rather face the prospect of jail than obey a court order requiring his force to return computer hard drives to their owner. At issue is the big question of who ultimately makes the law in the UK: the police or the courts.
The story began in June last year when former computer forensics expert Jim Bates attended a police station in Bristol to clone computer hard drives alleged to contain paedophile material. These formed part of a case in an upcoming trial for making of indecent images, and despite Bates’ status as a now former expert – following a conviction for perjury in respect of his qualifications – it is claimed that the defendant had requested his involvement in the case on the basis of his in-depth expertise in these matters.......................
http://www.theregister.co.uk/2009/05/18/bates_public_in...rest/

Police boss might defy High Court
The Chief Constable of Avon and Somerset Police Colin Port says he is prepared to go to jail rather than return suspected child pornography.
Officers investigating an alleged paedophilia case in Bristol raided the Leicestershire home of discredited computer expert Terence Bates, 68.
They seized images of suspected child pornography and computer hard drives.
But before the items could be examined, the High Court ruled the raid unlawful and said they should be returned.
Bates obtained notice of a judicial review at the High Court after police investigating a possible paedophile conspiracy carried out the raid, in which 87 hard drives were taken.
'Serious matter'
Two senior judges at the court ordered police to hand back the hard drives and forbade any examination of the seized material.
Mr Port said: "Common sense dictates to me that we should not be returning indecent images to anyone - and yet I am prevented from even examining the material."
He said that defying the court was a "serious matter" and that the decision would not be taken lightly.
Police have not been allowed to examine items found at Bates' home
Mr Port added that he was taking legal advice and considering his position over the matter.
An Avon and Somerset Police spokesman said: "We are discussing the findings of the judicial review and any learning opportunities it presents to the organisation.
"Throughout this matter, our officers believed that they were acting with good intentions and in the interests of public safety and protection."
In April last year, Bates from Nevill Holt, Leicestershire, was given a six-month prison sentence, suspended for two years, after it was revealed he had lied in court about his qualifications.
Bates, who was convicted of making false written statements and perjury, had given expert evidence in a number of cases involving child pornography.
http://news.bbc.co.uk/1/hi/england/somerset/8056307.stm