Double-jeopardy pleas denied; convicted offender to face more child porn charges

Justin Gryba (jgphotography.ca)

A Saskatoon man convicted of child pornography offences could face trial for new charges after his rare, so-called “double jeopardy” pleas were denied.

Justin Gryba, who served a two-year sentence after pleading guilty in 2012 to possessing and distributing child pornography, was hit with an additional seven charges in 2014. The 27-year-old recently entered two pleas, known as “autrefois convict” and “autrefois acquit,” arguing he can’t be tried for the same crime twice.

Those pleas were denied Friday by Chief Justice Martel Popescul at Saskatoon’s Court of Queen’s Bench.

Police laid the new charges, which include possessing and accessing child pornography, making child pornography and voyeurism, after opening encrypted devices — hard drives — seized during their initial investigation.

“The accused could not have been convicted of any of the charges he now faces at the time of the original sentencing because the Crown did not know what was in the hard drives until the police gained entry,” Popescul’s decision read.

Officers found more than 17,800 images and 1,100 video files on the encrypted devices.

More than 2,000 child pornography files were found prior to Gryba’s 2012 guilty plea.

Gryba is currently in police custody. His next court appearance is set for Nov. 27.