Images of females in school uniforms not illegal, says accused

A Westmeath man on trial for possessing child pornography has claimed in evidence that because an Asian female in an image wore a school uniform did not mean she was a school girl.

Victor Fagg (aged 36) of Cornamagh, Athlone said at Dublin Circuit Criminal Court: "In some parts of Asia, women wear uniforms at third level education and teacher-training colleges."

When pressed by prosecution counsel, Mr Paul Carroll BL, during cross-examination about a uniform worn by an Asian females in the images, Mr Fagg said: "That doesn't automatically mean its a schoolgirl."

He added that websites in Asian countries often carried images of women posing in costumes like air hostess, army, nurse and school uniforms.

Mr Fagg has pleaded not to possessing child porn pictures in Room 117 of the Physics Block at Dublin City University and at Crestfield Close, Whitehall on April 19, 2005.

Gardaí found 190 still images of alleged child porn on two computer hard-drives and a large number of CD Roms seized at searches of Mr Fagg's DCU office and former Whitehall home.

Mr Fagg told his defence counsel, Mr Erwan Mill Arden SC, in direct evidence earlier, that he browsed the internet for adult porn "often at work" and had a particular interest in "large breasts".

"I was searching the internet for adult pornography, never child pornography."

He told Mr Mill Arden (with Mr Luigi Rea BL), that he did not always check what files he saved because he would often go for a coffee-break while the computer was downloading the material and those files could remain unopened.

Judge Frank O'Donnell has told the jury he will direct it to return a not guilty on a third charge relating to seven video files found in the accused's former DCU office where he had worked for seven years.

The trial has now reached its closing stages and the jury of eight men and four women is scheduled to begin its deliberations later.