Court clears man of copying indecent photos of ex-partner to protect his minor child

A court has acquitted a father of multiple computer misuse charges, after it deemed that accessing his ex-partner’s Google account was done in the best interests of their minor child.

The ex-partner reported to Inspector Joanna Piscopo that she was suffering harassment from the accused when, during a mediation session for the care and custody of their child, he presented indecent photos and screenshots of her.

It emerged that, among the screenshots exhibited, one of them came from the mother’s Google account, which was logged into from his son’s tablet. The ex-partner had herself accessed this Google account from the same tablet so that their child could download applications from the Play Store.

During his statement, the father admitted that he had accessed certain photos and a Google account belonging to his wife and discovered that it was linked to his son’s tablet.

While checking the tablet to monitor his son’s activities, the father discovered unusual internet activity, including drug-related searches and visits to pornography sites.

Following this, he immediately filed a report with the Birkirkara police, who kept the tablet for investigation. When the tablet was returned to him, his other daughter used it and discovered several indecent and sexual photos of the mother.

In one video, the woman’s new partner was seen undressing in front of the minor son.

Since the father was still involved in family court proceedings regarding the care and custody of the minors, he felt he had to bring these photos and Google searches to the attention of his lawyer, who advised that these matters were important to bring to the attention of the court.

Through his lawyer, the father requested a variation of the maintenance, access, care, and custody arrangements regarding his son, due to the material he had discovered on the tablet. The father made copies of the information discovered and presented them in court.

At that point, the wife became aware that her Google account had been left open on her son’s tablet.

The defence’s argument was simply that the husband used the data, photos, and information not to humiliate or harm the wife but to protect his minor child. The man was clear in saying that he did not share such data with anyone but was simply acting on his duty as a father to protect his son, who was being exposed to harmful material.

In its decision, the court noted that it was the parte civile herself who left her Google account open on the tablet that was in the accused’s possession. It also held that it was not the accused’s fault that he encountered the inappropriate videos, photos, and searches. Everything was readily accessible without him needing to bypass passwords or security.

The court also said that the father had no intention to harm but simply wanted to protect his child. The data was copied prudently, justly, and responsibly, in line with his duties as a parent.

Magistrate Caroline Farrugia Frendo found it difficult to understand why the man’s actions led to criminal charges. The accused’s use of the data was intended solely to alert the family court to the risks posed by the wife’s actions and to safeguard his son.

The magistrate insisted that in cases like these, the prosecution should exercise "extreme and maximum prudence". "It is unjust for a father who is trying to protect his son from bad influences and negative effects to end up facing criminal proceedings in court."

For these reasons, the accused was acquitted of all charges.

Defence lawyers Arthur Azzopardi and Jacob Magri appeared for the accused.