A former school board employee caught surfing the Internet for child pornography at work told a judge Thursday he was looking at pictures of naked boys to win an argument with his wife about whether to circumcise their unborn child, which turned out to be a girl.
But Ontario Court Justice Hugh Fraser said he didn't believe 24-year-old David James Elgear's explanation for possessing the sexually explicit images before sentencing him to 90 days in jail.
"I find this suggestion to be patently absurd, incredible and disturbing," said Fraser.
The only "logical explanation" for Elgear repeatedly viewing the images at work, where he had earlier been warned about inappropriate Internet usage, was because he "derived some level of satisfaction from looking at naked pictures of pre-pubescent boys," Fraser said.
Elgear, who admitted in February to possessing the 19 images of children between the ages of three and 12, testified that he was trying to "prove my point" in an argument with his wife.
The father of two, a former transportation officer at the the Conseil des Ècoles catholiques du centre-est, said he was opposed to circumcision, although he "didn't know" why he continued searching the images for three months after his daughter was born. All but two of the pictures were of boys.
Court heard Elgear viewed the images on his work computer once or twice a week for about 30 minutes at a time over an eight-month period. The pictures were mostly of naked boys on a beach.
Elgear testified he didn't "consciously" find the images "titillating," even though a psychiatrist who examined him noted a "surprisingly very high sexual response" to an audio description of a sexual encounter between a young boy and an adult male.
But Dr. Jonathan Gray agreed with defence lawyer Michael Crystal that Elgear's continued need to search for images was very consistent with traits of obsessive compulsive personality disorder. Elgear wasn't aroused by images of naked boys similar to the pictures he possessed and was a low risk to reoffend, Gray said.
Elgear admitted his plan involved "flawed thinking" and he shouldn't have done it, but he felt he needed to look for recent trends online after failing to find the statistics on legitimate websites, which Crown prosecutor Julie Scott argued she was able to find right away on Google.
"I got into a spiral and couldn't get out of it," he said. "Why would God put us on earth like that if he wanted us to have needless surgery a couple of days after birth?"
Elgear's wife, Katharine Tessier, testified through tears that she believes her husband when he says he did it to win the argument, which started when she was pregnant with their first daughter.
With credit for time served, Elgear -- who now works at a Tim Hortons -- will have 60 days of his sentence left to serve, which Fraser allowed him to serve on weekends.
Read more: http://www.ottawacitizen.com/life/Surfed+child+porn+prove+point/3254517/story.html#ixzz0v5XKEAEk

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