Marcus John Paquette was convicted of possessing child pornography in May 2018. (Black Press Media files)

Judge rejects Terrace man’s claim that someone else downloaded child porn on his phone

Marcus John Paquette argued that other people had used his phone, including his ex-wife

A Terrace man convicted of possessing child pornography has lost his appeal after a judge didn’t buy his argument that someone else could have downloaded the graphic photos onto his iPhone.

Marcus John Paquette – a father, avid hunter, and registered forest technologist – was charged with one count of possession of child porn in July 2016 after the social media platform Tumblr advised the U.S. National Center for Missing and Exploited Children that a user was uploading pornographic images to its site, according to court documents published on Tuesday.

The Vancouver Police Department was able to track the IP address of the uploaded photos to Paquette’s home, where local RCMP conducted a search warrant and found his iPhone 3GS in a cupboard. A desktop computer, iPad, laptop and second iPhone were seized as well.

Police ran two different software programs to unlock the contents of the seized technology. They found “several hundred” images and videos of child porn that were downloaded between November 2015 to July 2016. They also found a folder containing internet addresses with “child pornography‑related terms” on the iPhone 3GS, which was backed up to his laptop.

ALSO READ: Squamish firefighter charged with possession, distribution of child pornography

Paquette, now aged 57 or 58, was found guilty in May 2017. He was sentenced to one year behind bars and ordered to be placed on the National Sex Offender Registry.

Earlier this month, he argued at the B.C. Court of Appeal that someone else could have downloaded the photos, even though his phone had a passcode lock, and that the trial judge, Justice Robert Punnett, didn’t adequately take this into consideration.

The photos were stored on an app called iZip, which is used to open .zip files. That app was downloaded using Paquette’s email address and password connected to his Apple Store ID, according to an expert Crown witness.

At the initial trial, Paquette’s ex-wife said she had used the phone when she travelled to Peru in January 2016, and that their young daughter used it to play games and watch movies before the trip. She denied ever having seen the child porn and said she did not downloaded it nor see her husband looking at it.

The court also heard that two Facebook users had attempted to log in to the app on Paquette’s phone.

“I find it highly improbable that a person would have the inclination and opportunity to download a large volume of child pornography onto a password‑protected iPhone which they did not own and likely would not have regular access to and to store that material in a manner in which it was readily accessible to the owner of that iPhone,” Punnett wrote in his decision.

He also determined Paquette must have known the iZip files existed, because the app was organized on his iPhone screen so that it was next to an app called BuckHunter, which was likely used frequently given Paquette’s interest in hunting.

On Nov. 12, Justice Barbara Fisher of the appeals court agreed with Punnett and rejected Paquette’s bid.

“In my view, the trial judge did not misapprehend the evidence, drew inferences of fact that were available to him on the evidence, and did not reverse the burden of proof,” Fisher wrote.


@ashwadhwani
ashley.wadhwani@bpdigital.ca

Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Aircraft with mechanical issue safely returns to gate at YLW

As a safety precaution, emergency response teams were dispatched to standby

Update: Highway 97 now clear after early morning crash near UBCO

Traffic was detourted after a crash reported around 8:30 a.m. Friday

West Kelowna Warriors aim to continue first 3-game winning streak since 2018

The Warriors host the Surrey Eagles Friday night looking for win No. 4

Kelowna SPCA gives tips on pet safety during harsh winter conditions

SPCA strongly urges pet owners to keep all animals inside during the winter

Engineering professor’s rhetoric wins UBC Okanagan zombie apocalypse debate

Professor Dr. Ray Taheri persuaded the audience in the fun, make-believe 2020 Life Raft Debate

Fashion Fridays: Look your best this year

Kim XO, helps to keep you looking good on Fashion Fridays on the Black Press Media Network

Crown won’t appeal sentence in child sex assault case of former Burns Lake mayor

B.C. Prosecution Service said sentence doesn’t meet standard for appeal

MITCHELL’S MUSINGS: Ethical errors proving costly for baseball

Paltry punishment, gag orders opposite of what’s needed; house cleaning, real justice in order

Ditched vehicle off highway sends Okanagan crews on multiple calls

Vernon Fire Rescue Services has had repeated calls about the vehicle between Vernon and Kelowna

‘Scariest boat ride of my life’: Passengers trapped by ice on rocky B.C. ferry sailing

The Nimpkish docked in Bella Coola on Jan.12 coated in a thick layer of ice

B.C. pair ordered to pay $55,000 for oil tank discovered four years after selling home

Judge says defendants breached contract, despite being unaware of tank until basement flooded

Canada to give $25,000 to families of each Canadian who died in Iran plane crash

Prime Minister Justin Trudeau also made it clear that Canada still expects Iran to compensate victims

Good Samaritan pays part of rent for B.C. woman facing eviction in can-collecting dispute

Zora Hlevnjak, 76, supplements her pension by collecting cans and receiving public donations

Most Read