A defendant who denied possessing an illegal, extreme pornographic image of a man performing oral sex with a fish has had his case dismissed.
Danny Mullen, 28, was due to stand trial at Chesterfield magistrates’ court on June 11 after he had been approached by Derbyshire police at Sir William Hill Road, at Eyam, on January 3, for a separate matter and police had seized and checked his mobile phone.
Prosecuting solicitor Rosanna McDaid had told a previous hearing Mr Mullen’s mobile phone was seized and examined after he was approached by police.
Ms McDaid had stated that it was claimed there was footage of oral penetration of a live fish by a male on the phone which she claimed is classed as extreme pornography.
Mr Mullen, of Donovan Road, Sheffield, pleaded not guilty to possessing an extreme pornographic image which portrayed, in an explicit and realistic way, a person performing oral sex with a live a animal, namely a fish, and which was grossly offensive, disgusting or otherwise of an obscene character.
Defence solicitor Geoff Flemming also told the previous hearing that Mr Mullen’s defence was that the image concerned is not pornographic.
The court previously heard that the footage in question is a video image lasting about ten seconds.
However, Mr Mullen’s case, which was due to be heard on June 11, was formally dismissed.