By Stewart Tongue

YNOT EUROPE – London Mayor Boris Johnson’s media moments during the 2012 Olympic Games almost were eclipsed by news of a less-wholesome kind. While Johnson smiled and accepted the congratulations of politicians and foreign dignitaries, the trial of one of his former aides grabbed headlines for a more scandalous reason.

Simon Walsh was charged with “extreme pornography” violations under the 2008 UK Criminal Justice and Immigration Act, including six counts stemming from his use of the Hotmail account name CityFister to visit an adult social networking site in search of fisting porn. Walsh was forthright when he told investigating police he has an interest in BDSM and has engaged in fisting sex. He was also emphatic that the images he enjoys do not fall under the purview of the law, which restricts the public from accessing what legislators deem to be extreme sexual activities.

“I know the limits, and I respect them,” Walsh stated in court.

Section 63 of the act defines as “extreme” images that are “grossly offensive, disgusting or otherwise of an obscene character … which portray, in an explicit and realistic way, any of the following: (a) an act which threatens a person’s life, or (b) an act which results, or is likely to result, in serious injury to a person’s anus, breasts or genitals.”

The judge charged the jury with very specific instructions about how to arrive at an interpretation of the law, but warned, “It is emphatically not your duty to send out a message to anyone about modern society.”

The jury took little more than one hour to clear Walsh of all charges — unanimously.

“Today I was unanimously acquitted by a jury at Kingston Crown Court of five charges of being in possession of extreme pornography, despite the images depicting acts which are legal to perform, and an extremely damaging allegation of being in possession of child porn in respect of a single image sent to me unrequested via email over three years ago, which the jury had no difficulty deciding was in fact a picture of an adult,” Walsh said in a prepared statement released by his attorney, Myles Jackman. “I would like to take this opportunity to encourage our legislators and regulators not to prosecute individuals in possession of images depicting private and consensual adult sexual acts.

“Nonetheless, these allegations have damaged my career and personal standing,” Walsh’s statement continued. “As I said in my evidence, I do not believe that when I stood for public office I gave up my right to a private sexual life. I reiterate that point now. I hope to return to public life as soon as possible.”

It is not clear why Walsh was been singled out for prosecution under the relatively new law but there appears to be a growing consensus that the legislation may have been used to advance a political agenda rather than to safeguard the public from obscene materials. In fact, London Common Councilman Edward Lord has asked the British Home Secretary to look into the matter in the hope of preventing similarly misguided attempts by law enforcement to chill legal free speech and expression for political gains.