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The Canberra Times
The Canberra Times
Hannah Neale

Theoretical 1500-year jail term for alleged overseas child abuser: court

A man accused of grooming children for sexual activity overseas has denied more than 100 charges, with a magistrate saying a theoretical 1500-year jail term was "oppressive".

The alleged sex offender, Ernest James Maclay, chewed his nails when he faced a hearing in the ACT Magistrates Court on Wednesday.

The 75-year-old has pleaded not guilty to 125 charges related to allegedly encouraging child sexual abuse outside Australia.

The charges include 20 counts of producing child abuse material, as well as numerous counts of grooming a child to engage in sexual activity outside Australia, persistent sexual abuse of a child outside Australia, and using a carriage service to prepare or plan to engage in sexual activity with a child.

Ernest Maclay leaves court on Wednesday. Picture by Hannah Neale

When Maclay was first arrested in 2022 he was only facing six charges. The court previously heard some additional counts had been laid after authorities located and rescued child abuse victims overseas.

On Wednesday, special magistrate Marcus Hassall said Maclay, who denies the allegations, would be facing about 1500 years jail if he was found guilty after a trial

While the magistrate's comment doesn't reflect a possible literal sentence, Mr Hassall said the sheer number of charges was "oppressive" for the 75-year-old man and created logistical challenges for the court.

"There might need to be some thought about what he is actually going to be indicted on," Mr Hassall stated.

"The current number of charges is oppressive."

Commonwealth prosecutor Kieran Ginges argued there was enough evidence for the case to be committed to the Supreme Court for a trial.

Maclay's Legal Aid lawyer, Edward Chen, told the court some of the charges, namely production of child abuse material, had "no reasonable prospect" of being proved.

He also said the court "can't be satisfied of the apparent age" of some of the alleged victims.

Documents tendered to the court last year, before the additional charges were laid, show Maclay came onto the radar of police in August 2022, when authorities in the United States detected an Australian buying "live-distance child abuse material".

This involves the abuse of children, in this case in the Philippines, being live-streamed via the internet.

"For additional fees, perpetrators can instruct a child abuse facilitator to perform specific sexual acts on children at their discretion," the documents state.

Police allege Maclay's devices contained live-distance child abuse material files and messages he had exchanged with a "facilitator".

Maclay remains on bail and is set to face court again next week.

  • Support is available for those who may be distressed. Phone Lifeline 13 11 14; Kids Helpline 1800 551 800; beyondblue 1300 224 636; Bravehearts 1800 272 831.
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