This criminal trial concerned five charges against Mahesh Bisesar related to child pornography: making, communicating for the purpose of making, arranging to make, possessing, and accessing.
The court dismissed the "making" charges, ruling that directing actions during a live stream did not constitute "making" a visual representation under the Criminal Code.
The court also found reasonable doubt regarding the accused's identity as the Skype chat participant due to shared account access.
However, the accused was convicted of possession and accessing child pornography, as images and videos found on his computer were deemed to be knowingly possessed and accessed by him, rejecting defence explanations of malware, client files, or employee actions as speculative.
