Vernon child porn case may not go to trial because of Charter challenge

A north Okanagan man is facing child pornography charges but the case against the former Salmon Arm teacher might not go ahead if a judge rules his Charter rights have been violated.

William Murray Phelps Munton is charged with two counts of making child pornography and one count of possessing child pornography.

On Monday, the Vernon man in his fifties stood and calmly entered not guilty pleas to all three charges.

However, before a possible trial goes ahead, lawyers are making arguments about whether Munton’s Charter right to be free from unreasonable search and seizure was violated during the police investigation of this case.

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Defence counsel is seeking to have certain images excluded from Munton’s trial.

Crown counsel has alleged that images found on Munton’s computer and cell phone, as well as a CD found in his home, are child porn.

Munton’s lawyer has argued that police, in their rush to obtain search warrants, left some important information out of their application for those warrants.

“I submit that there was some hastiness here resulting in some carelessness that, in my submission, resulted in ultimately some invalid warrants being issued and some unlawful searches happening,” said Munton’s lawyer, Julian van der Walle.

The officer who applied for the search warrant took the stand. He said he wasn’t aware of some information at the time that the application was made.

In another case, the officer said he didn’t include information because he believed it was prejudicial to Munton.

A judge is expected to decide on Wednesday whether to exclude any of the alleged child porn as evidence at trial.

If she rules that none of it is admissible, then the trial won’t go ahead.

If there is a trial, then no witnesses are expected to testify. Instead, lawyers will make arguments on whether or not the material actually constitutes child porn.

Munton’s teaching certificate was suspended in August 2016.