BT wiring fault led to three falsely accused of child abuse image claims
Three men were accused of mistakenly downloading child abuse images due to a broadband cabling error made by an IT engineer, a court heard.
The mistake meant that internet activity linked to the real criminal was traced to the address where two men and a woman were staying, whose electronic devices were seized during two police searches.
The Investigative Powers Tribunal (IPT) was told that false accusations in 2016 had “extremely distressing and far-reaching” consequences for three men.
It ruled that Dyfed-Powys Police acted lawfully and found that the error was due to a technical error rather than police misconduct.
BT has been approached for comment.
The IPT deals with complaints from anyone who feels they have been the victim of unlawful action by a public body using undercover investigative techniques.
Each of the three plaintiffs was granted anonymity by the court and the location of the incident was described only as Dyfed-Powys Police’s “area of operations in Wales”, covering Carmarthenshire, Ceredigion, Pembrokeshire and Powys.
British telecommunications firm BT told the court that two cables connecting to both addresses in a street cupboard were accidentally cut.
As a result, the offending IP address was incorrectly attributed to the address of the first male plaintiff, the plaintiff’s registered tenant, which he shared with a friend whose girlfriend at the time was also visiting.
The court heard all three had to tell their employers about the allegations against them.
The innocent woman was told her children could not live alone with her until she was cleared and the two men faced child protection referrals. The first male applicant was placed in limited duties in the workplace, and the second had his job offer withdrawn.
The three were never charged, and police later identified and prosecuted the actual culprit, who lived nearby.
The court found no compensation or relief for the three plaintiffs because the force acted lawfully and responded appropriately once the error was identified.
A spokesman for Dyfed-Powys Police said: “We recognize the distress and pain experienced by the plaintiffs in this case and commend them for the dignity, honesty and full co-operation shown throughout the case.
“We welcome the decision which recognizes that the errors noted were not the fault of the police and that all investigative actions taken by our officers were lawful, proportionate and necessary.
“Despite the difficult circumstances, we are pleased that the person responsible for this mistake has been brought to justice.”
