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Summerside man appealing child porn convictions

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A Summerside man who was sentenced to one year in jail for possessing and making child pornography is appealing his conviction and sentence.

P.E.I. provincial court Judge John Douglas found Waylon James Molyneaux guilty on Dec. 5 of both counts after a trial that lasted several days.

Douglas sentenced Molyneaux on Feb. 5 to one year in jail.

Defence lawyer Peter Ghiz filed the notice of appeal, which said Douglas erred in convicting Molyneaux when there was no admissible evidence relating to the essential element of the offence.

During the trial, Douglas heard evidence in a voir dire that included videos of interviews the Charlottetown police conducted with Molyneaux after a witness reported seeing nude photos of an underage girl on his phone.

A voir dire is used to determine if evidence is admissible.

There were also 20 photos the police retrieved from Molyneaux’s phone that were related to the case.

The Crown didn’t seek to have those photos or the police interviews entered into evidence.

Douglas convicted Molyneaux based on the witness’ description of what she saw on the phone.

The notice of appeal said Douglas erred in convicting Molyneaux based on the evidence of a witness who was not an expert and wasn’t qualified as an expert.

That evidence wasn’t enough to prove the essential element of the offence, the notice of appeal said.

Although Molyneaux hadn’t been sentenced at the time the notice of appeal was filed, it said he was also appealing the sentence.

A publication ban prevents the release of any details that could identify the victim.

Ryan.ross@theguardian.pe.ca

Twitter.com/ryanrross

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