Child porn case thrown out after paperwork gaffe

Mark Webster walked free after being told his case was being dismissed because the indictment against him had not been signed properly by court officials.

Sheriff Annella Cowan branded the paperwork "incompetent" and threw out the case allowing Webster to leave Aberdeen Sheriff Court.

He had been accused of having indecent images of children on his computer stored at his home in Ellon, Aberdeenshire.

The 24-year-old was alleged to have had the images between 1 March, 2007, and 18 August last year.

He also faced a charge of grooming a 13-year-old girl over a six-month period.

Webster was alleged to have committed the offences between 1 November, 2008, and 31 May last year.

He was said to have made contact with the schoolgirl over a webcam and an internet messaging service and held conversations of a sexual nature with her.

Webster was further alleged to have induced the girl to send indecent images of herself to him and to have sent indecent images back. He had denied both allegations.

Webster appeared in the dock expecting to face the allegations at a first diet of the trial.

But Sheriff Cowan held up the indictment in front of fiscal depute Jonathan Kemp and pointed out that a crucial signature was missing from the court papers. Sheriff Cowan said: "This indictment is incompetent. It will be dismissed as being incompetent."

Prosecutors are now expected to decide whether to bring fresh charges against Webster.

Last week, Sheriff Cowan came to prominence after threatening to throw out another case involving a sex offender who admitted being in possession of indecent images of children.

Aberdeen's new procurator fiscal, Andrew Richardson, refused to copy child pornography for the sheriff to view during the case against 31-year-old Steven Murray.

Forensic officers allegedly found 29 indecent photographs on Murray's computer and a four-hour video clip of children, aged eight to 14 years, being abused.

Mr Richardson was asked to provide Sheriff Cowan with a hard copy of the indecent images.

The fiscal refused fearing supplying such images even at the sheriff's request would constitute a crime.

Sheriff Cowan adjourned the case for a week for the fiscal to reconsider his position and told him she still wanted to see hard copies of a sample of the images.

And she added: "I give warning now. I may preside no sentence. I may desert this indictment."

Mr Richardson later provided the material to Sheriff Cowan after receiving instruction from the Crown Office.