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Court Briefs

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  |  Posted: Wednesday, Dec 11, 2013 06:00 am

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Child porn bust

A Facebook profile was all it took for RCMP to track down a child pornographer living in St. Albert.

Michael James Barry appeared in St. Albert court via closed-circuit television (CCTV) from the Edmonton Remand Centre Monday. He pleaded guilty to four counts of failing to comply with the conditions of his recognizance, orders he was bound to follow after being charged with sexually assaulting a 13-year-old girl in July.

Court heard the alleged assault took place when Barry, using a false name, met the underaged girl on Facebook and proceeded to send her photos of his genitals. The 23-year-old arranged a meeting with the teen at a house party.

Reading from the police notes, Crown prosecutor John Donahoe stated the girl was given a drink and passed out. The 13-year-old said when she awoke Barry was having sex with her.

Barry was arrested and charged with sexual assault on Aug. 27.

He was released on Oct. 3 under the conditions that he would not possess a cellphone, access the Internet, possess pornographic material and abstain from alcohol and other intoxicating substances.

A month later, an RCMP crime analyst discovered Barry had opened a new Facebook account under a false name, created just five days after his release.

RCMP subsequently executed a search warrant at his home and found three magazines featuring child pornography and a “homemade pornographic book” that resembled a wedding album from the outside, but was filled with photos of “young looking girls.” Officers also found a cellphone and a half-empty 60-ounce bottle of vodka.

“These are the most serious allegations of breach of recognizance I’ve ever seen,” said Donahoe, lobbying to send Barry to jail for six to 12 months. Duty counsel Zane Pocha, as agent for criminal defence lawyer Rory Ziv, asked for 30 to 60 days.

Court heard the 23-year-old has only one prior conviction of mischief from 2012 on his adult criminal record.

Judge Bruce Garriock handed Barry a four-month jail sentence. He has 95 days left to serve.

Barry will be back in court Dec. 23 to speak to the sexual assault charges.

Karma bites back

A man who stole money from his girlfriend last year will be paying the price in jail for the next two weeks.

Gregory William Mckay appeared in St. Albert court via CCTV from the remand centre and pleaded guilty to theft under $5,000, failure to appear in court, failure to attend court and breach of probation.

On Nov. 13, 2012, St. Albert RCMP received a complaint that Mckay stole a $35 pre-paid credit card and $170 cash from his girlfriend with whom he was staying temporarily.

Mckay failed to meet with his probation officer several months later and skipped two court appearances scheduled for earlier this year.

Mckay – of Vancouver – was remorseful about the convictions. He told the court that while he has been in custody, an ex-roommate broke into his family’s apartment and stole their Christmas tree and Christmas presents.

“Now I know what it’s like to be a victim of a crime,” he read from a written apology. “I’m sorry to all the people I ever stole from.”

Mckay has a prior conviction of theft on his criminal record.

He pleaded with Garriock for an early release but was handed a sentence of 28 days in custody and a $500 fine for the theft charge.

Mckay has just over two weeks left to serve.


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