A notorious sex fiend who was caught with obscene photos featuring babies and dogs – and a suitcase filled with nappies and children’s make-up – has been remitted to the high court for sentencing for a second time.
Brian Clark was jailed for three-and-a-half years in 2016 after police discovered hundreds of indecent files on his laptop.
He was placed on supervision for a further three-and-a-half years following his release.
Now the 52-year-old faces further jail time after he appeared at Perth Sheriff Court and admitted possession of more than 1,000 child abuse images on devices at his home in Aberfeldy.
The court heard he had downloaded the illicit photos and videos just weeks after his extended sentence expired.
Sheriff Alison McKay said she did not feel comfortable sentencing Clark at sheriff court level and deferred the case to the high court, which has greater sentencing powers.
Accused became hostile to police
Clark, who is on the Sex Offenders Register indefinitely, was released from HMP Perth on July 6 last year.
The following week, police visited his flat on Old Crieff Road and were told he had bought himself a mobile phone.
On August 12, there was another unannounced visit.
This time, Clark told officers he had broken his mobile and bought a new Samsung model.
Just after Christmas, police checked the persistent sex offender again.
Clark told them he had bought a third phone, having stood on and broken his Samsung device.
Fiscal depute Joanne Ritchie said police carried out another unannounced visit on March 14 this year.
They were invited inside and looked at Clark’s LG-brand phone.
“Whilst conducting a cursory review, police accessed a folder called ‘Downloads’ and another one inside that titled ‘Images,'” said Ms Ritchie.
“In this folder, they saw thumbnail images of what appeared to be indecent photos of children.
“But when police tried to open them, an error message appeared.”
The fiscal depute said: “On closer inspection, the images appeared to show male and female children of various ages, in different states of undress.
“Some showed sexual acts.”
When police asked Clark about a laptop hidden under his sofa, he became hostile and told officers he was not subject to any orders or restrictions.
“It was then decided that a search warrant would be sought,” said Ms Ritchie.
Locked suitcase
Clark grabbed the laptop and pushed it towards officers.
“He said he had bought it from a second hand shop in Perth,” the prosecutor said.
“The accused said neighbours had let him use their Wi-Fi so he could watch illegally streamed films.”
Clark was taken to Dundee police HQ while the search of his flat got underway.
Officers found three other mobile phones – including two Clark claimed were broken – and a locked suitcase in a bedroom cupboard.
Inside the case was a packet of nappies, a dummy and a child’s make-up set.
Ms Ritchie said a total of 1,091 child sexual exploitation and abuse images and videos were found across the devices.
They featured male and female children aged from zero to 14, the court heard.
Nearly 300 files were deemed to be at the most obscene level.
The total running time for the 25 videos clocked in at nearly 19 hours.
The fiscal depute said that two extreme pornographic files depicting sexual activity between adults and dogs were also recovered.
A bit of a recluse
Clark, who is from Dundee, pled guilty to possession of obscene images of children between September 15 2022 and March 14 2023.
He admitted a second charge of permitting or taking indecent photos between July 14 2022 and March 14 2023.
And he further pled guilty to possession of extreme pornographic images that “depicted in an explicit and realistic way sexual activity between adults and animals”.
Solicitor Scott Norrie, defending, said his client appears to have an addiction.
“He knows only too well the difficulty he finds himself in.
“He is aware that the court will have no option but to impose a custodial sentence.”
Mr Norrie said: “He is not the most open of characters. He is introverted and keeps himself to himself.
“He can be a bit of a recluse.”
High court
In 2013, Clark was jailed for 20 months at Arbroath Sheriff Court for downloading illegal material – much of it while on bail after admitting the same offence.
Sheriff Gregor Murray said at the time: “This is the most significant breach of bail I have ever come across during my time on the bench.”
Clark was remitted to the high court in 2015 when he was caught again, days after his previous internet ban ended..
In light of his previous conduct, Sheriff Alison McKay said on Thursday: “I don’t think I can deal with this matter today or indeed ever.”
She told Clark: “I am no obliged to send you to the high court, because these offences happened after the expiry of your extended sentence.
“However, given that on the last occasion at Dundee Sheriff Court you were remitted to the high court – and you received a sentence in excess of the powers that I have available – I am not comfortable about imposing sentence today.”
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