October 27, 2007
London - A controversial photograph of two naked girls owned by British rock veteran Elton John is not indecent, prosecutors said on Friday after a police probe into its display at an art gallery.
The print, called "Klara and Edda Belly-Dancing 1998", was among 149 images by US photographer Nan Goldin and owned by the singer that were destined for display at a contemporary art gallery in Gateshead, north-east England.
Police took the photograph away for examination to determine whether or not it breached child pornography legislation, prompting a defence from John who said it had previously been displayed and published around the world.
The Crown Prosecution Service, which decides whether a case should go to court in England and Wales, said on Friday there was insufficient evidence to justify proceedings for either possession or distribution of an indecent photo.
The decision is identical to its first ruling on the photograph in 2001.
Any prosecution could see a defendant use that ruling as a legitimate defence, said Kerrie Bell, head of the CPS Northumbria South Unit.
Officials at the gallery said they were pleased the matter had been resolved but were "very disappointed" it led to the early closure of the exhibition.
 
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