The police investigation into Bill Henson's photographs of naked children may be faltering, with police asking for a second opinion on whether they have enough evidence to lay charges.
NSW police last week seized 20 of Henson's photographs of a naked adolescent girl and boy from Sydney's Roslyn Oxley9 gallery after receiving a complaint. No charges have yet been laid.
Immediately following the raid on the gallery, police said it was "likely" there would be a prosecution.
But in a statement today, police said they had forwarded their brief of evidence to the Director of Public Prosecutions (DPP) for advice.
The DPP has been asked to examine the seized images as well as statements taken by police over the course of the investigation.
Police will now wait for the DPP to advise whether charges may be laid under laws relating to the creation and possession of child pornography and the display of indecent images.
"This matter was handed to the DPP late this afternoon," the statement said.
"(Police are) seeking advice from the DPP as to whether there are sufficient grounds to prosecute under these provisions."
No further comment would be made until the advice was received, the statement said.
A spokeswoman for the DPP refused to comment.
