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by STEPHEN WRIGHTand DAVID WILLIAMS, Daily Mail
The gallery that displayed naked pictures of young children in the name of art escaped legal action yesterday.
The Crown Prosecution Service decision not to go to court was made despite strong protests from the police.
Detectives are understood to have warned that a failure to prosecute would send the wrong signals to those in the child sex industry.
Police have already received letters from paedophiles threatening to appeal against their convictions for possessing similar material.
The investigation by Scotland Yard's Obscene Publications Unit into the exhibition at the Saatchi Gallery in north London followed four complaints by outraged visitors who claimed the colour pictures were indecent and obscene.
They showed images of naked and semi-clothed youngsters wearing a variety of animal masks.
A police raid on the gallery last week sparked a fierce debate between child safety campaigners and the so-called 'liberal lobby' who warned of the dangers of censorship.
At the centre of the investigation was a particularly graphic shot of a small naked girl lying beneath the legs of a partly clothed older child.
Detectives believed it had 'clear sexual connotations'. They argued at a meeting with CPS lawyers on Wednesday that such an image on the Inter-net would have automatically led to indecency charges.
They reluctantly accepted that some of the other controversial pictures could be categorised as 'contemporary art'.
The exhibition, entitled 'I am a Camera', features the work of notorious American photographers Nan Goldin and Tierney Gearon, who uses her own children, aged six and four, as models.
The controversial gallery is owned by advertising mogul Charles Saatchi, 57.
Detectives had recommended corporate charges under the Protection of Children Act 1978.
The decision not to prosecute was taken by a senior CPS lawyer, whose view would have been endorsed by Director of Public Prosecutions, David Calvert-Smith QC.
Police fear that a dangerous precedent has been set which will help lawyers representing sex offenders.
The gallery had taken the unusual step of hiring a high-powered legal team, including one of the country's top barristers, Geoffrey Robertson, QC, to argue its case in a written submission to the DPP.
A CPS spokesman last night said lawyers believed there was no realistic prospect of a conviction.
'The CPS considered whether the photographs in question were indecent and the likely defence of the gallery, ie whether they had a legitimate reason for showing them,' the spokesman said.
Last night the Saatchi Gallery - where the pictures have remained on show throughout the investigation - joined the two artists in issuing a statement expressing their delight and relief.
'It's been a very worrying time for the two artists involved and their families,' said a spokesman.
The photographs will remain on show until April 15.
Police were first alerted to the controversial pictures on February 8 and covertly visited the gallery four days later.
A file was submitted to the CPS on February 14 and police later warned the gallery to remove the pictures or risk them being seized.
The exhibition, which has been running since mid-January, is sponsored by the Independent on Sunday newspaper, whose art critic describes some of the more controversial images as 'exhilarating portraits of family life'.
Gerald Howarth MP, chairman of the cross-party Family and Child Protection Committee, warned the 'intellectual elite' against putting children at risk by sending the wrong message to paedophiles.
Gallery officials will meet with police and lawyers to discuss the issue today.
Detectives will stress their determination to 'police' such exhibitions in the future.
Published by Associated Newspapers Ltd
Part of the Daily Mail, The Mail on Sunday & Metro Media Group

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In Cooper’s interview with Tuke in Pearson’s Magazine 1920 the artist confided 'it interests me more than anything else in life – the play of outdoor light and sunshine on the human form.' This sensitive observation of light can be witnessed not only in his Royal Academy exhibits, but also in the hundreds of masterly oil and watercolour studies, like this one, painted en plein air.

This venue is open to the public. Not all artworks are on display. If you want to see a particular artwork, please contact the venue.

Two Children on Deck
Royal Cornwall Polytechnic Society

Boy Bathing
Royal Cornwall Polytechnic Society

Sketch for 'Summer Dreams'
Royal Cornwall Polytechnic Society

Rocks at Newporth
Royal Cornwall Polytechnic Society

Nude Italian Boy
Royal Cornwall Polytechnic Society

Study for 'Aquamarine'
Royal Cornwall Polytechnic Society

Nude Study
Royal Cornwall Polytechnic Society

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Joseph Kestner describes Tuke as 'the greatest painter of the male nude in Victorian painting'. Falmouth, virtually surrounded by sea, enjoys a very special reflected light and Tuke studied it closely. He observed the rich colour in soft shadows and how sunlight reflects through and off the water. This is what sets him apart and led A. B. Cooper to aptly call him 'The Sunshine Painter'.

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Jock Sturges #Photographe #Artiste #Charme #Incontournable

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