March 2009

Disabled man walks free over nude under-age photos

A disabled man who took glamour-style nude photographs of two under-age girls has escaped jail at Gloucester Crown Court.

David Harber, 55, who walks with the aid of crutches, was given a three-year community order with supervision and ordered to attend a sexual offenders’ programme.

He was also given a sexual offences prevention order barring him from working, living or being in the company of children alone.

Harber, of Dunalley street, Cheltenham, who has previous convictions for indecent exposure and keeping a brothel, had admitted 11 offences of making indecent photographs of children.

Brendan Moorhouse, Crown Prosecutor said on December 8, 2007 police went to his bungalow in Dunalley Parade and seized a large number of photographs of adults and children.

“Many of them depicted people in provocative poses or naked. Many appeared to have been taken within his bungalow.”

Mr Moorhouse said one of the girls in some of his nude and topless shots was born in December 1990 and had signed a ‘contract’ with Harber when she was just 14.

The contract had been countersigned by the girl’s mother but she had specifically excluded Harber taking topless or nude pictures.

“We say that some of the photographs he took of her were naked. It was clear that her parents were unaware of the nature of the photographs he was taking.”

The other girl Harber had photographed was born in August 1991 and she had also signed a contract when she was 15. There was evidence she had been asked by Harber if she would take part in bondage, fetish or ‘girl on girl’.

Some pictures were taken of the two girls together, he said.

Harber told police they were genuine contracts and that the parents of one of the girls had been present when pictures were taken.

Mr Moorhouse said Harber had a Bebo account on which he described his interest in photography, starting as a hobby in 1989 but then becoming professional.

“He indicated it had become a successful business and that he was involved with top models,” said Mr Moorhouse.

“The Crown says there is limited evidence that there was any genuine attempt to advance the careers of the models.

“The pictures were highly unlikely ever to be used in a formal modelling contract because of the way he was trying to portray the girls.”

Mr Moorhouse said Harber had been cautioned for the same kind of offence in 2000.

Lloyd Jenkins, defending, referred the court to references for Harber from women he had photographed, who said he had always behaved properly and professionally.

One woman who had posed topless for him said “I hope he doesn’t go to prison. He is a good person.”

Mr Jenkins said that of the 20,000 photos seized only 234 had been deemed to be indecent.

Mr Jenkins described Harber as a lonely man easily taken advantage of by others, who had enjoyed only a few meaningful relationships.

“The only thing that gives him some element of empowerment is taking photographs,” he said. “But he overstepped the mark on this occasion.”

Recorder Nicholas Dennys QC, said: “I proceed on the basis that no particular distress has been caused to those young women. There is no evidence you profited from your activities.”

The Recorder said he also took into account Harber’s disability. He ordered the destruction of Harber’s camera.