Suspended sentence for Limerick man who pleaded guilty plea to possessing and distributing child pornography

A MIDDLE-AGED Limerick man has admitted to possessing and distributing “category one” pictures and videos under the Child Trafficking and Pornography Act, 1998.

A detective garda assigned to the divisional protective service unit in Henry Street told Limerick Circuit Court that he conducted a search under warrant at the man’s address in February, 2015.

He told Thomas Rice BL, instructed by state solicitor Padraig Mawe, that two devices were seized and sent to Dublin for examination. 

The detective garda said a total of 268 images and 28 videos were found. And that 45 pictures and six videos were shared through Yahoo Messenger and a further 35 pictures and eight videos over Skype.

“They were category one offences – adults having sex with children,” said the detective garda.

The court heard the accused made admissions when the gardai carried out the original search and when he was arrested three year later.

“He said he was sorry for what he had done, that he was 100% wrong and it would never happen again,” said the detective garda.

When asked about the three year delay between the search and the man being arrested, the detective said it was down to the delay in the devices being examined in Dublin.

“Unfortunately there is a delay,” said the detective garda.

Yvonne Quinn JC, who represented the defendant, said her client is a first time offender. She said the salient points of a psychiatric report are that he has a history of mental health problems – serious anxiety and depression.

“It was a relief to him that this investigation started. He is extremely ashamed and deeply remorseful. He has had this hanging over him for a long number of years. He has not come to adverse garda attention since. He is regretful and remorseful,” said Ms Quinn.

In sentencing, Judge Tom O’Donnell said these cases are always very difficult to deal with. He said there is a person behind every picture and video.

“The detective garda saying they were category one offences – young children with adults – is an aggravating factor. The sharing of the video clips and photos with others is an aggravating factor,” said Judge O’Donnell. 

The judge said a mitigating factor was that there is a delay in the system. He said the accused was “caught red-handed” in February 2015.

“I accept matters have to take a course but the devices were sent to Dublin for analysis in 2015. It was not completed until 2018. The gardai sent a file to the DPP for directions. He was charged in 2020. There must be a better way of dealing with these matters. A lapse of five years to being charged is inordinate. It will be seven years this month since the computers were seized,” said Judge O’Donnell.

He said due to the seriousness of the categories it was deserving of a custodial sentence.

“I have listened to the mitigation. It is a period of seven years since the seizure of the computers. I feel it is too long to impose a custodial sentence. It would be disproportionate,” said Judge O’Donnell, who stressed that he didn’t want to give the impression “for one moment that this court takes lightly the possession and distribution of child pornography”.

“These are serious criminal offences,” said Judge O’Donnell, who imposed two and half year suspended prison sentences on each of the offences to run concurrently.

The defendant is to be added to the sex offenders register. A destruction order for both laptops was granted.