No conviction for former schoolteacher with sexual images and video of young boys

A FORMER schoolteacher found with child porn of young boys has been given probation and let off without a conviction so he can apply for a Blue Card again.

Simon Birt.

A FORMER schoolteacher found with child porn of young boys has been given probation and let off without a conviction so he can apply for a Blue Card again.

Simon Birt pleaded guilty in the Southport District Court yesterday to possessing child exploitation material after police searched his Worongary home in August 2014 and later uncovered seven sexually explicit photos and an 11-minute video of boys aged 9 to 12.

The court was told Birt was a Year 3 teacher who had gone on to become an accountant after the incident but would have trouble re-registering if a conviction was recorded.

The lifetime member of the Nerang Roosters Junior Rugby League Club also lost his Blue Card.

Simon Birt.

Judge Julie Dick said Birt had received out-of-court punishment in being unable to continue a profession he enjoyed, risk to his accounting registration and loss of the card, despite having “lifelong community interests in the football club”.

Judge Dick ordered he serve 12 months probation and did not record a conviction because it would “unnecessarily interfere” with his social and economic wellbeing.

She said trying to have his Blue Card returned would be another hurdle to get over.

“The courts have been very clear that these offences are serious because, in fact, the children are real children ... without the demand for this sort of material there wouldn’t be the supply,” she said.

The court was told the material was at the lower end of the seriousness scale and there was no evidence of commercial intent.

Crown prosecutor Jacob Robson said deterrence was not just important but paramount.

“The ready availability of this material warrants substantial penalties,” he said.

“Those that make up the market cannot escape responsibility for such exploitation.”

Defence barrister Ruth O’Gorman said Bird’s plea showed remorse and he significantly co-operated with police.

“He accepts he is never going to be able to return to that field (teaching) ever again in his life and that is a matter of sadness for him but he accepts it,” she said.

Judge Dick said such offences were “prevalent” through the courts, with another child-related matter adjourned in the same court yesterday.

The images did not involve any children from the club.