Tony Keim
The Courier-Mail (Australia)
A NORTH Queensland man spent eight months languishing in an Asian prison while trying to avoid arrest by Australian authorities for possessing more than 125,000 images of child pornography and sharing some over the internet, a court has been told.
The Brisbane District Court was told Robbie Neils Berry, 56, was on holiday in Thailand when police raided his Daintree home, in far north Queensland, on November 20, 2007, and seized computer equipment and compact discs containing 127,522 items of child abuse material.
The court was told Berry later emailed family to tell them of his plan to hide out in Asia, until his money ran out, in a bid to avoid arrest.
However, prosecutors revealed Berry was arrested in Cambodia and detained in the capital Phnom Penh and spent eight months in one of its notoriously squalid prisons before the country's king and prime minister granted his request to return to Australia.
Berry was today sentenced to 2 1/2 years jail, to be released immediately having already served almost 18 months in pre-sentence custody, two years probation and placed on a three-year, $1000 good behaviour bond.
Berry pleaded guilty to one count each of using the internet to access and make available child pornography and possessing child exploitation material between December 13, 2007, and June 7, 2008.
Federal prosecutor Anthony Gett said Berry, then aged between 49 and 52, was one of 136 Australian internet users identified as accessing or sharing child pornography by Brazilian Federal Police.
The court was told Brazilian authorities passed on information to the Australian Federal Police that Berry had made available a "single video file of child pornography" fitting certain search criteria on eight separate occasions between July 4-6, 2007.
Mr Gett said during a subsequent search of Berry's home they found computers and CDs which contained 125,743 child pornography images, 1513 videos, 2003 animated images and videos and 63 written stories.
He said when Berry, then on a month vacation to Thailand, learnt of the raid he emailed his family, using the pseudonym "Bill Smith", to tell them he intended to hide out overseas to avoid arrest.
But, Australian authorities cancelled Berry's passport with the expressed intent of having him detained abroad.
Barrister Colin Reid, for Berry, said it came as a surprise to his client when he learnt his passport had been cancelled and he was put in a Cambodian prison.
Mr Reid said Berry, who did it tough in the squalid conditions, did not oppose his extradition to Australia upon arrest.
The court was told his extradition could not occur without the expressed consent of the Cambodian king and prime minister, which occurred in September 2009.
He was returned to Australia and appeared in the Brisbane Magistrates Court on October 24 last year and has been in custody since, the court was told.
Judge Tony Rafter, SC, was told Berry would return to Cairns upon his release later today.
The Brisbane District Court was told Robbie Neils Berry, 56, was on holiday in Thailand when police raided his Daintree home, in far north Queensland, on November 20, 2007, and seized computer equipment and compact discs containing 127,522 items of child abuse material.
The court was told Berry later emailed family to tell them of his plan to hide out in Asia, until his money ran out, in a bid to avoid arrest.
However, prosecutors revealed Berry was arrested in Cambodia and detained in the capital Phnom Penh and spent eight months in one of its notoriously squalid prisons before the country's king and prime minister granted his request to return to Australia.
Berry was today sentenced to 2 1/2 years jail, to be released immediately having already served almost 18 months in pre-sentence custody, two years probation and placed on a three-year, $1000 good behaviour bond.
Berry pleaded guilty to one count each of using the internet to access and make available child pornography and possessing child exploitation material between December 13, 2007, and June 7, 2008.
Federal prosecutor Anthony Gett said Berry, then aged between 49 and 52, was one of 136 Australian internet users identified as accessing or sharing child pornography by Brazilian Federal Police.
The court was told Brazilian authorities passed on information to the Australian Federal Police that Berry had made available a "single video file of child pornography" fitting certain search criteria on eight separate occasions between July 4-6, 2007.
Mr Gett said during a subsequent search of Berry's home they found computers and CDs which contained 125,743 child pornography images, 1513 videos, 2003 animated images and videos and 63 written stories.
He said when Berry, then on a month vacation to Thailand, learnt of the raid he emailed his family, using the pseudonym "Bill Smith", to tell them he intended to hide out overseas to avoid arrest.
But, Australian authorities cancelled Berry's passport with the expressed intent of having him detained abroad.
Barrister Colin Reid, for Berry, said it came as a surprise to his client when he learnt his passport had been cancelled and he was put in a Cambodian prison.
Mr Reid said Berry, who did it tough in the squalid conditions, did not oppose his extradition to Australia upon arrest.
The court was told his extradition could not occur without the expressed consent of the Cambodian king and prime minister, which occurred in September 2009.
He was returned to Australia and appeared in the Brisbane Magistrates Court on October 24 last year and has been in custody since, the court was told.
Judge Tony Rafter, SC, was told Berry would return to Cairns upon his release later today.
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