Pedophile's case adjourned because assigned Crown prosecutor on leave

The trial of a convicted pedophile charged with writing fictional accounts of sex with children was adjourned Monday because a Crown lawyer is not available.

David Lloyd Garcia is charged with possession of child pornography. He was arrested at a Kamloops halfway house in January 2011, after a parole officer performing a room inspection became suspicious about Garcia's demeanour.

A check of the computer in his room revealed pornographic images suggestive of young people. The computer was seized for further examination.

At first, the Crown alleged Garcia possessed pornographic images of young people but the allegations changed and now suggest he possessed only fiction he himself wrote.

Garcia was released on bail in April. Terms of the bail order require the man to abide by a nightly curfew and live within city limits unless he has permission of a bail supervisor to leave.

Lawhead told the court the prosecutor assigned to handle Garcia's case is on leave and will not likely return until March. The sensitive nature of this case makes it difficult to reassign to another prosecutor.

Justice Hyslop agreed to the adjournment.

Garcia has a criminal history for possesion of child pornograhy. The man was jailed in January 2009, after pleading guilty to child pornography charges in March 2008.

Garcia was charged in November 2007, several months after RCMP started an investigation based on information provided to them by German authorities.

The case came to police attention after a German Internet provider noticed people exchanging child pornography with each other in a Web forum.

The company handed over its records to police, which included detailed logs of what was uploaded and downloaded, as well as IP addresses, time stamps and user names.

The RCMP were able to confirm Garcia's identity by checking IP addresses against local internet service provider records. Officers obtained search warrants, and seized his computers. On the hard drives they located more than 6,000 images depicting sexual activity between children and adults.

Seventeen of the pictures were labelled by RCMP experts as sexually sadistic. Other pictures showed adult men having sex with infants and toddlers, the judge was told. More than 250 video clips were also found in the man's collection.

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