BATTLEFORD - The trial that started Monday is continuing this week for a man facing charges relating to his residence in Marshall where a home-based daycare used to also operate.
Joseph Sproull was arrested in September 2021 and charged with possessing, making and distributing child pornography, as well as sexual assault and sexual interference. He is currently out of custody on conditions.
Sproull is facing a seven-day non-jury trial at the Court of King's Bench in Battleford.
A publication ban is in effect on identifying the victims and complainants in the case.
At Wednesday's proceedings, Sproull, 43, took the stand for the defence.
He discussed his use of the app called Kick that he and his wife used to connect with other couples interested in the swinging lifestyle.
Sproull suggested that he was concerned that a third party may have gained control of his phone remotely.
He said that he did not put on, create, share or access any child pornography on his phone.
Sproull said that, when he discovered some of these images on his phone, he did not create, access or share them.
He said he deleted the images from his phone, and had his father "clean" his phone to permanently remove the images.
The court saw some pornographic photos of an adult male with a child being abused. The child and man were not identifiable. Sproull said the man in the photo is not him and he had no knowledge of the photo.
One photo appears to have the same flooring as the one in Sproull's bathroom. Sproull would only say that it is similar. He said he did not take the photo.
Sproull noted that he worked driving the Handi-van during the day, while his wife operated the daycare. He said he only helped in the daycare to make meals and take care of administrative duties.
When cross-examined by the Crown, Sproull denied that child pornography had been viewed on various dates on his cellphone. He said he was not looking at child pornography at any time.
Prior to Sproull taking the stand, Dt. Sgt. Lindsey Wall, who is now retired, testified. Wall conducted an investigation with the Saskatchewan Internet Child Exploitation (ICE) Unit.
In a summary of the images found on Sproull's cellphone, Wall said he found some child pornography pictures with images that he recognized to be Sproull's bathroom.
The trial will continue on Thursday.
According to the previous police report, Joseph Sproull, of Marshall, was arrested in September 2021 and charged with possession of child pornography, distribution of child pornography, three counts each of sexual assault, sexual interference and making child pornography. Marshall is about 19 kilometres east of Lloydminster. RCMP previously stated that Sproull was residing at a home-based daycare at the time of the alleged offences.
- With files from Lisa Joy
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