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Sheriff refers ‘deeply concerning’ Dundee paedophile case to High Court

Pic Alan Richardson Dundee, Pix-AR.co.uk
Brian Clark at Dundee Court
See story Alan Wilson Kingdom News Agency 07855 235839
Pic Alan Richardson Dundee, Pix-AR.co.uk Brian Clark at Dundee Court See story Alan Wilson Kingdom News Agency 07855 235839

A convicted paedophile who downloaded horrific footage of children being tortured and sexually abused just days after an internet ban on him was lifted is facing a life sentence.

Brian Clark, who was caught with “extremely graphic” videos of children as young as one “screaming in distress”, had his case remitted to the High Court after a sheriff ruled his own sentencing powers were insufficient for the offence.

High Court judges could impose a lengthy jail term and the possibility of an order for lifelong restriction which would see him monitored for the rest of his life on release.

The 44-year-old, previously jailed for 20 months for possessing child abuse images, was on a supervised release order when he trawled the web for the sick material.

Police acting on intelligence recovered a laptop and USB stick from Clark’s then home in Aboyne Avenue, Dundee.

Depute fiscal Nicola Gillespie previously told Dundee Sheriff Court that 448 images and 268 videos, totalling more than 24 hours, were found.

She said: “At the time of the commission of this offence the accused was subject to a supervised release order in relation to his last indecent images conviction and was on the sex offenders register.

“The age range of the children in the images and videos is between one and 16, with both male and female children being depicted.”

Miss Gillespie said one video showed a child between the age of one and three “screaming in an extremely distressed state” while being sexually abused.

Another 16-minute video showed a young girl being tied up, abused and tortured.

Miss Gillespie said: “This video is described as ‘extremely graphic’ by the analyst.

“There was also evidence on the laptop the user had actively searched the internet for indecent images of children.

“A motion for forfeiture of the laptop and USB memory card is made. There is also a motion for your lordship to consider a Sexual Offences Prevention Order in terms of this accused.”

A condition of Clark’s licence banning him from accessing the internet had expired less than two weeks before the new offence.

Clark now faces having his case remitted to the High Court, which has greater sentencing powers.

He admitted taking or permitting to be taken indecent images or pseudo images of children between May 31 and June 29.

A not guilty plea to a separate charge alleging possession of extreme pornographic images depicting bestiality was accepted by prosecutors.

Sheriff George Way told the court: “The images are deeply concerning and I have come to the conclusion that I will exercise my powers under section 195 of the Criminal Justice Scotland Act.”