Search warrant loophole closed

A computer technician was present at the raid

Scotland's most senior law officer has welcomed the closure of a legal loophole after a suspected paedophile walked free on a technicality.

Andrew Aspinall, 42, was charged with the possession of child pornography following the seizure of computer equipment from his then home in West Lothian.

His house was raided as part of the investigation into a paedophile ring called The Wonderland Club, which led to more than 100 arrests worldwide.

However, Mr Aspinall was cleared when Sheriff Peter Gillam upheld a defence objection to the presence of a civilian police employee at an official police search.

The clarification of the law was an important issue

Colin Boyd QC
Lord Advocate

The Crown sought a clarification of the law from the High Court of Justiciary, which three judges have now delivered.

Lord Kirkwood, sitting with Lords Cameron of Lochbroom and Caplan, ruled that police searches carried out in the presence of a civilian police worker were legal.

Their decision was welcomed by the Lord Advocate, Colin Boyd QC.

He said: "The clarification of the law was an important issue.

Pornographic pictures

"It is something the Crown took seriously and pursued. The outcome will benefit future cases."

However, the ruling will not affect the case of Mr Aspinall, whose acquittal at Linlithgow Sheriff Court last November cannot be overturned.

He was cleared of having more than 7,500 pornographic pictures of children on a computer and disks.

Andrew Aspinall denied the charges

Mr Aspinall, who subsequently moved to Gumley, Leicestershire, denied possessing child pornography and possessing child pornography with intent to supply others.

He had been arrested in 1998 after a police investigation into the Wonderland Club.

A total of 107 people were arrested across the UK, Europe and the United States in police raids in September that year.

The case against Mr Aspinall collapsed after his defence team successfully argued that the search of his then home was illegal because a civilian worker present had not been named on the search warrant.

The lawyers claimed that the warrant only permitted officers of Lothian and Borders Police to take part.

Conducting a search

However, computer technician John Cherry was a civilian employee working with the police Computer Forensic Unit.

He was supposed to help make sure that computer equipment was not damaged when it was taken away and put back together at police headquarters.

The three law lords ruled on Wednesday that the technician was not conducting a search himself but was there as an assistant to the head of the Computer Forensic Unit.

"It is clear that he was acting under the directions of Detective Sergeant (David) Reid throughout and there was no question of Mr Cherry having gone off and conducted a search of his own," said Lord Kirkwood.