A pensioner who breached a sexual harm prevention order by downloading software which deleted his internet history blamed the offence on online pop-up adverts when he appeared in court.
Harwich's Thomas Smith was sentenced in 2022 for possessing indecent images of children and was prevented from using computer programmes which hid websites he visited.
Colchester Magistrates’ Court heard on Tuesday how Smith, 79, had installed an Opera browser which allows users to delete their browsing history and cache after use.
His laptop was also found to have a programme called Ccleaner, which hides user’s digital identities.
Stuart Cowan, prosecuting, said: “The defendant’s laptop was noted to have no internet history available and he was using the Opera browser, which masks the origin of the router.
“It doesn’t allow an IP address which police use to track down people viewing indecent images.
“These things don’t just appear on computers – they are downloaded.”
It was argued in Smith’s defence the Opera browser was downloaded by another resident in his sheltered housing block who said it would make his computer run faster.
Sarah Moulange, mitigating, said: “He says he lives in a retirement complex.
“One of the other people in the complex suggested this software to make his computer run quicker and make it safer to use.
“He says ‘OK, I will give that a go’ and he doesn’t realise what it actually does.”
She continued: “As for the Ccleaner, he says he uses the computer to play online games like Sudoku – he says he clicked on a pop-up advert.”
Smith, of Gravel Hill Way, Dovercourt, admitted two charges of breaching a sexual harm prevention order.
The court was told he is too frail to complete unpaid work.
His lawyer said: “I am going to push my luck and ask you to step outside the sentencing guidelines and ask for you to deal with this by means of a financial penalty.
"He has a plate in his spine so would not be eligible for unpaid work."
Magistrates gave Smith a four-month jail sentence suspended for one year and ordered him to pay £259 in costs.
Chair of the bench Margaret MacAllan said: “You did knowingly add [the programmes] to your computer and knew what they would do.
"This is a deliberate breach of your sentence and you would be expected to know the risk of these programmes on your computer."
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