Metropolitan Police constable Ernest Ewa wins appeal after being sacked and jailed for animal porn
Published: 13:00, 22 October 2015
Updated: 13:01, 22 October 2015
A Metropolitan Police constable, sacked and jailed after showing animal porn to fellow officers, has successfully appealed against an internet ban.
Ernest Ewa was three weeks into his service as a probationary constable, based at Bethnal Green police station, when he was dismissed.
That followed complaints that he had repeatedly used his phone to expose fellow trainee officers to illegal extreme pornography.
The images included bestiality, involving dogs, a horse and a donkey, as well as one of a teenage boy involved in a sex act with a large fish.
Ewa, 38, of Romany Road, Willesborough, Ashford, was jailed for four months in September at Southwark Crown Court.
He was convicted of possessing an indecent photograph of a child and pleaded guilty to publishing an obscene article and possession of extreme pornographic images.
He was also hit with a sexual harm prevention order (SHPO), banning him from using the internet without supervision and from contacting girls under 16 online.
Now Lord Justice Jackson, Mr Justice Edis and Judge Clement Goldstone, sitting at London's Criminal Appeal Court, quashed the SHPO.
The judges also overturned an order that the disgraced ex-cop pay £3,525 towards the costs of his prosecution.
In June last year, Ewa was spotted by one of his course tutors showing other rookie cops "an image of a man having sexual intercourse with a donkey" on his mobile phone.
"We do not think that it was open to the crown court to make a SHPO and we allow the appeal on that ground" - Lord Justice Jackson
Complaints were made by fellow trainees that he had repeatedly showed them videos and images of a similar nature using his phone.
He was accused of sending a female officer an illegal obscene image after asking for her phone number, Lord Justice Jackson said.
Sick images and videos were also sent to fellow students using Whatsapp, he added.
One of the images involved a girl who was deemed by the court to have the appearance of being under 18.
Lawyers for Ewa, who watched proceedings via a videolink from prison, today argued that the SHPO should never have been imposed.
Such an order could only be made if an offence had been committed involving a victim aged under 16, they pointed out.
"We do not think that it was open to the crown court to make a SHPO and we allow the appeal on that ground."
It was also argued that the prosecution costs order was unfair, as he did not have the means to pay it.
Lord Justice Jackson concluded: "There was no finding of fact that this girl was under 16.
Ewa's appeal against the costs order was also allowed.
The judge said: "There was no evidence before the judge that Ewa had any significant means. He had no savings and was about to start a four-month prison sentence.
"He had lost his employment with the Metropolitan Police as a result of his offending. This was not an appropriate case for such a costs order."
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