A MAN who admitted possessing and distributing depraved videos and images of children being sexually abused by adult men, as well as young children engaging in sex acts with one another, has been remanded on bail for sentencing.
The man, who was nine days short of his 18th birthday when the explicit child sexual abuse material was seized by Gardaí, cannot presently be named due to reporting restrictions.
Prosecuting barrister John O’Sullivan flagged with the court that the Director of Public Prosecutions could see “no basis” as to why the man should not be identified, but said the question of the man’s anonymity would be decided at his sentencing hearing on November 7.
The now 22-year-old man appeared before Limerick Circuit Criminal Court this week.
The court heard the man had previously admitted two offences under the Child Trafficking and Pornography Act, including that he did “distribute child pornography” on March 28, 2020, and that he was in “possession of child pornography” on June 4, 2020.
Specially trained forensic Gardaí discovered the extremely explicit illegal material on a mobile phone and two laptops owned by the defendant. The devices were seized during a search of a house run by child and family agency Tusla, in which the defendant was residing, on June 4, 2020.
The court heard that in 2018, the defendant, then aged 16, had been placed in Tulsa accommodation with other young adults after his mother had expressed concerns about her son over alleged inappropriate sexual behaviour.
The defendant later disclosed to a school guidance councillor that he was “sexually aroused” by young boys, Mr O’Sullivan told the court.
Tusla was alerted and, in turn, alerted Gardaí who obtained a search warrant and searched the property where the defendant was staying.
The court heard that Gardaí discovered 186 videos and 226 images of the most graphic and explicit child rape and sexual abuse on the defendant’s mobile phone.
Gardaí classified all 186 videos as category one material, meaning the videos were of the upmost gravity.
Dark web activity
Some of the material showed adult men raping boys aged as young as five years, as well as children engaging in sex acts with one another, it was heard.
Gardaí classified 141 of the 226 images as category one, and the remaining 85 images category two, meaning the images involved children’s exposed genitals and anal area.
Gardaí discovered another 11 category one videos as well as 32 explicit images containing 24 category one and eight category two photographs on the defendant’s two laptops.
A forensic examination of the devices unearthed evidence the defendant had tried to delete the explicit material as well as his internet browsing history.
Gardaí discovered the defendant used the Tor web browser to search the dark web for child abuse material. He also used the Kik messenger app to distribute two explicit videos to an unknown user.
The defendant shared these videos with the user after the pair engaged in a private chat in March 2020 about their shared sexual interest in children.
The defendant was arrested by Gardaí when he went to a Garda station by appointment on February 22, 2021. He initially denied distributing the material and said he had only shared videos of himself, but eventually entered guilty pleas at the outset of the prosecution’s case against him.
Mr O’Sullivan said the defendant told Gardaí he had viewed the explicit material out of a “morbid curiosity”, but later “admitted to being sexually aroused while viewing child pornography of this nature”.
Gardaí agreed with Mr O’Sullivan that the defendant’s “interaction with graphic child pornography and his openness surrounding his sexual preference for this type of material is a worrying aspect of this case”.
A probation report completed last July flagged that the defendant as being at risk of re-offending.
Interventions could have been made
Barrister Antoinette Simon, defending, argued that while Tusla alerted Gardaí in 2020, it appeared the agency was not in contact with Gardaí about the defendant, despite Tusla being aware he had been flagged with the agency for alleged inappropriate behaviour with minors as far back as 2013, 2015, and 2019.
During the sentencing hearing, Ms Simon asked a Garda Detective familiar with the case if Tusla contacted Gardaí prior to the search in 2020.
“I’m not aware of any previous contact,” he said. “It is my understanding that they (Tusla) refer if they believe a crime may have occurred.”
Ms Simon said she was “not here to lay blame with anyone”, and she said she was “not trying to soften” the culpability of the defendant, nor claim “my client being a victim in this, certainly not”.
“But certain interventions could have been there for my client back in 2013 when he was 11; in 2015 he was 13; and certainly in 2019 again when he opens up to his guidance councillor and referrals were made by a social worker,” Ms Simon said.
The defence barrister submitted that whatever sentence is imposed, she believed the defendant would require long-term consistent therapeutic interventions to try to reduce the risk of him re-offending.
She said the man had used cannabis from a very young age and is currently employed and living in the Mid West region.
The maximum sentences open to the court is one of 14 years on the distribution offence and five years on the possession offence.
Anyone affected by any of the issues raised in this article can contact Rape Crisis Mid West on 1800 331 511, by email via [email protected]. A 24-hour national helpline is also available on 1800 778 888.
