Child sex offender ‘wants hard drives, camera back’, threatens High Court action

Posted September 23, 2017 08:30:20

A Canberra man who spent four years in jail for child sex offences has complained police will not return his property, including computer hard drives and a camera, seized when he was arrested.

In 2014 James Stanley Kelly, now 54, was convicted of five acts of indecency.

The crimes included sending lewd images by mobile phone, inappropriate touching and making sexualised remarks to three victims aged 12, 13 and 14.

Kelly was arrested after a search of his house in 2011.

Although he has been released, he has only now learned he has lost an appeal against his conviction.

Yesterday he told the ACT Court of Appeal he may take the case to the High Court, despite having served his sentence, in order to have the conviction overturned.

Kelly asked the court if it could also order that his property be returned by police.

But Justice Richard Refshauge told him he would have to resolve the matter with police.

“I try, your Honour, they ignore me,” he replied.

Justice Refshauge told Kelly he could seek help from the Ombudsman if the issue was not resolved.

“You are entitled to your property back,” he said.

Justice Refshauge also asked the prosecution to help if possible.

At the end of proceedings Kelly wished Justice Refshauge “a happy retirement”, referencing his recent exit from the bench.

Topics: courts-and-trials, law-crime-and-justice, child-abuse, canberra-2600, act, australia