Cappo Seafood heir Marcus Cappo stumbled across child exploitation images by accident, court told

The young heir to one of SA’s largest seafood empires says he didn’t try to find child exploitation images – but a judge has slapped him down.

A judge says she has “difficulty” accepting the young heir to one of SA’s largest seafood empires simply “stumbled across” illegal images of children.

Marcus Carlo Cappo, 20, of Cheltenham, appeared in the District Court on Monday where it heard he couldn’t remember how he found child exploitation material discovered on two of his devices.

The court heard a psychologist’s assessment of Cappo – the grandson of the Cappo Seafoods founder – declared he hadn’t intentionally sought it out – a position the prosecution did not accept.

Prosecutor Amy Fisher said she took no issue with the findings of the psychologist but did not accept Cappo stumbled across the images.

“He (the psychologist) has based his findings on an assumption, or agreement, that the defendant likely stumbled upon the child exploitation material by accident,” she said.

“I maintain that the prosecution does not accept that is the case, the prosecution case has always been the defendant must have deliberately sought out this material.”

Andrew Moffa, for Cappo, said the psychologist’s report was objective, stating there was no factual evidence that Cappo sought out the images.

“In my submission, that is an allegation of aggravation … they need to establish that (he deliberately sought the images out) beyond reasonable doubt,” he said.

Marcus Cappo leaves Adelaide Magistrates Court after an earlier appearance. Picture: NCA NewsWire / Brenton Edwards

Cappo, 20, of Cheltenham, pleaded guilty to multiple offences including possessing and disseminating child exploitation material and procuring a child for sexual activity.

Over a 15-month period, he groomed and took advantage of several young girls, including paying some for explicit photos, bribing some and making threats.

Cappo is the great-grandson of company founder Carlo and son of its co-director, Matthew – there is no suggestion his father or the company are involved in his offending.

His counsel argued Cappo was seeking to remedy his unfulfilled need for emotional connection – a submission prosecutors rejected, saying jail was warranted.

Judge Michelle Sutcliffe said it was not apparent how the psychologist had arrived at the view Cappo had “stumbled across” the material.

“The explanation outlined in the report, based on information from Mr Cappo, is that he essentially couldn’t recall how he came across it,” she said.

“I think the inescapable inference is the nature of the material and the numbers of it and that it’s across two devices, it is because it was sought out.

“The evidence doesn’t show where the images were obtained from, or how or when, but I do have difficulty accepting that this somehow occurred by accident.”

Judge Sutcliffe will sentence Cappo later this month.