Kelowna man facing child porn charges

KELOWNA — A Kelowna man who was acquitted of sexually assaulting a young girl is back before the courts on child pornography charges.

In 2010, David Gerald Smart was on trial accused of molesting the eight year old daughter of his new girlfriend.

The judge called his relationship with the girl suspicious and strange, but found there was reasonable doubt because the girl’s testimony was inconsistent.

Now Smart has been charged with two child pornography offenses.

Court documents indicate the alleged victim may be the same girl that Smart was found not guilty of molesting.

There was evidence at his first trial that nude photos of the girl were found on his cell phone.