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Gay porn films were for my use — accused

A man accused of importing homosexual pornographic films claimed they were solely for personal use, a court heard yesterday.

Dwight Lambert, 41, denies importing articles contrary to the 1973 Obscene Publications Act.

Lambert, of Sound View Court, Somerset, is accused of shipping 28 DVDs into Bermuda which depict men engaged in sex acts.

At Magistrates’ Court, the prosecution claimed the films were posted in four batches — on February 17, March 3, May 9 and August 30 last year.

Nicole Smith, prosecuting, said the third and fourth shipments were duplicate copies of those DVDs imported on March 3. All the films were seized by Customs.

She said the determination of whether the DVDs were “obscene” was whether they were considered offensive to “the public at large of Bermuda”.

“The Crown does not want this to become an argument about whether homosexuality is moral,” said Miss Smith.

“However, it contends that Bermuda society being a conservative society, and if the public at large were to view such acts — the public at large being children at risk, men and women of all ages — the Crown contends that those DVDs will undoubtedly be viewed as being obscene.”

Alfred Maybury, director of Child and Family Services, told the court he was shown the DVDs as part of a Customs investigation.

Mr. Maybury, who is responsible for the care and protection of children in Bermuda, told the court: “The material is of a nature which would have a detrimental impact on any child which would view its contents.”

Lambert, defending himself in court, said all the DVDs displayed an 18 age category and did not contain any scenes of violence.

“When the DVDs were purchased it was for personal use,” he said. “The contents of those DVDs were simply sexually explicit matters, albeit of a homosexual nature, but that is not illegal nor is it classed as a sexual deviance.”

Lambert, who claims to have a petition signed by 330 members of the public stating they do not find sexually explicit material between consenting adults offensive, is calling for a review of the Obscene Publications Act.

“I stand here accused. My constitutional right to privacy has been completely destroyed,” he told the court.

Magistrate Khamisi Tokunbo adjourned the case until April 30 pending a written submission by Lambert on his plea.