A MUSIC teacher who was caught with hardcore child porn could not be sentenced – because police refused to look at the disturbing images again. Jamie Sutherland, 40, was arrested after he logged on to websites and downloaded over 4000 indecent images of children.
After Sutherland – who also worked with young children in two Edinburgh churches – pled guilty last month, the sheriff requested more information about his collection from police so she could decide on a punishment.
But the pictures were so si
ckening that police refused to view them for a second time, and suggested the sheriff looked for herself. In an e-mail to prosecutors read out at Edinburgh Sheriff Court today they said that if a description was needed for the purposes of court then fiscals, or even a sheriff, could look at the pictures.
Fiscal depute Ruth Davie told the court her office had received "a refusal to assist in no uncertain terms" in response to her request for a description of the pictures.
Miss Davie added: "They would invite the sheriff to look at the pictures. I was quite concerned by the tone of the e-mail."
An astonished Sheriff Elizabeth Jarvie said: "Normally you used to always get a forensic report in cases like this, why was that not done here?
"These (previous reports] were very particular in not only the age of children involved but also the level of distress they appear to be in."
Miss Davie said the e-mail referred to an agreement between Lothian and Border's Police and the Crown Office over images, but said she knew nothing about it.
Sheriff Jarvie said: "If there has been a change in policy, that's something we should know about.
But, she added, "If the pictures are so extreme (that the police would not want to see them again) that is information I would want to have before sentencing."
She ordered the situation to be investigated and Sutherland will be sentenced later this month.
Sutherland was caught with movies and stills and last month admitted downloading 4,320 indecent images of children over almost four years between March 18, 2004 and January 17, 2008.
He has since quit his job at the un-named Edinburgh school as well as St Mary's cathedral and St John's church.
His bail was continued but Sutherland, must stay away from children and computers.
The full article contains 409 words and appears in Edinburgh Evening News newspaper.
