Girls Aloud blogger cleared of obscenity charge

Published on Monday 29 June 2009 12:39

A FORMER civil servant who wrote an internet article imagining the kidnap, rape and murder of the pop group Girls Aloud was cleared of obscenity today.

Darryn Walker, 35, faced prosecution after writing a 12-page blog on a fantasy pornography site.

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 looking for such specific material.

Mr Walker, of Mowbray Street, South Shields, Tyneside, walked free from Newcastle Crown Court after he was cleared.

The court heard that he had lost his job since he was arrested last year.

The defendant, who wore a smart grey suit, only said: "No comment" as he left court.

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."

David Perry QC, prosecuting, said the decision to prosecute over the article Girls (Scream) Aloud was taken in July last year.

"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."

But after publicity about the case, the article was put back on the net – something over which he had no control, Mr Owen said.

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.