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Blogger cleared over ‘rape and murder’ of Girls Aloud
Justin Davenport, Crime Correspondent29.06.09
A former civil servant who wrote an Internet blog detailing the kidnap, rape and murder of the pop group Girls Aloud walked free from court today after being cleared in a landmark case.
Darryn Walker, 35, was the first person to be prosecuted for the content of an Internet blog under the Obscene Publications Act.
His 12-page article posted on a fantasy pornography site described in detail the mutilation and torture of the Girls Aloud band members.
Scotland Yard and the Crown Prosecution Service took action believing that the group's young fans could easily have stumbled across it while searching the internet for material about the band.
But a report for the defence by an information technology expert found the article was not easily accessible, and could only be discovered by those determined to find such specific material. The blog has since been removed.
The CPS today said it could not refute the defence claim and decided to offer no evidence.
Mr Walker, of South Shields, Tyneside, dressed in a smart grey suit, walked free from Newcastle Crown Court after he was cleared. He refused to comment.
Tim Owen QC, defending, expressed Mr Walker's relief and gratitude to the CPS for reviewing the case.
“The effect of this prosecution on Mr Walker has been devastating,” he said. “He has lost his job and has not managed to get further employment. Hopefully he can now recommence his life.”
The Internet Watch Foundation, which polices obscene material, was alerted to the blog in 2007 and made a complaint to police.
The case was then brought by Scotland Yard's Obscene Publications Unit after consultation with the Crown Prosecution Service. Most inquiries under obscenity laws have involved pornographic images in magazines or on DVDs.
The case had echoes famous 1960 prosecution of Penguin Books over DH Lawrence's novel Lady Chatterley's Lover.
David Perry QC, prosecuting, told the Newcastle court today: “A crucial aspect of the reasoning that led to the instigation of these proceedings was that the article in question, which was posted on the internet, was accessible to people who were particularly vulnerable - young people who were interested in a particular pop music group.
“It was this that distinguished this case from other material available on the internet. The CPS concluded, with the benefit of counsel's advice, there was a realistic prospect of conviction.”
But the internet expert's report for the defence, which could not be rebutted, turned the case on its head.
Mr Owen, for Mr Walker, said: “It was never his intention to frighten or intimidate the members of Girls Aloud.
“He had written what he had described as an adult celebrity parody and was only meant to be for an audience of like-minded people. As soon as he was aware of the upset and fuss that had been created, he took steps himself to take the article off the website.”
Mr Owen went on: “This type of writing is widely available on the internet in an unregulated and uncensored form.
“In terms of its alleged obscenity, it is frankly no better or worse than other articles.”
The defence also obtained a report from a consultant psychiatrist which said it was “baseless” to suggest that reading such material could turn other people into sexual predators.
Judge Esmond Faulks formally returned a not guilty verdict to the charge of publishing an obscene article and said Mr Walker was free to leave court.
Relieved: Darryn Walker
Reader views (4)
Disgusting. He should have been punished. Fantasies like this belong in the minds of the mentally disturbed,keep it there,dont publish it on the net for all to see.
- Jennifer, london
What happened to freedom of speech? The truth is this ultra left regime passed thousands of laws restricting it and the views of people. This blog was fantasy, and while i don't support its content, I am concerned about the restriction of our liberties.
- Dirk Diggler, Soho, London
Let's all hope that Mr Darryn Walker isn't/ doesn't get married and have daughters. A really special Dad!
- Haskey, London SE1
What about the mutilation and torture of my ear drums? Can someone please prosecute Girls Too Loud for me!
- Frank, Home Counties, England.
