Sentencing due in Offaly child porn case

AN Offaly man who admitted possession of child pornography will be sentenced on Thursday afternoon (November 19).

Patrick O'Leary, 30, Thomastown, Rath, Birr had pleaded guilty to the offence at Tullamore Circuit Court last February and the initial sentencing hearing took place on Tuesday.

Judge Keenan Johnson was told by Detective Garda Fergus Hogan, Birr station, that a search had taken place at Mr O'Leary's address on January 6, 2016 following receipt of information about IP addresses.

Two laptops were seized and child pornographic images and movies were found on both of them.

The accused admitted downloading the material and explained he'd been downloading files and curiosity had caused him to do so having been shown a clip by a friend some weeks before.

Replying to questions from Kevin White, BL, prosecuting, Det Sgt Hogan said Mr O'Leary didn't involve anyone else in what he was doing and wasn't involved in any group.

The accused said it was only a fantasy and he wasn't going to act on it and he told gardai there was both adult and child pornography on the laptops.

On a HP laptop 46 images were retrieved which fell within the definition of child pornography, along with 79 movies.

Another 18 images were found on an Acer laptop and the computers also contained personal information such as CV's and motor tax records.

Analysis of the laptops indicated the images had been downloaded between August and November 2015.

Because of the long period involved in analysing the laptops by specialist garda investigators in Dublin, Mr O'Leary was not formally interviewed until April last year.

He made admissions during five interviews and explained how he was someone who was socially isolated.

Det Sgt Hogan also said the accused explained how he was able to download the files and he identified the application used. He only downloaded material and did not upload any.

He issued an apology and accepted full responsibility, saying he was in a bad place mentally and would always regret what he had done.

He had begun therapy after the garda search and planned to continue that until he had gained self confidence and self belief.

Det Sgt Hogan told the court Mr O'Leary had no previous convictions.

Cross-examined by defence counsel Rory Hanniffy, BL, Mr O'Leary said he was 25 at the time of the offence and explained that he had been shown clips by a college housemate's friend and it developed from there.

It was a solitary activity and was only fantasy. There was no payment for the images.

In relation to his personal circumstances, Mr Hanniffy said Mr O'Leary had done the Leaving Certificate in 2008 and then went to study mechanical engineering but did not finish the course.

Since then he had completed a green certificate in farming, had worked as a labourer and had done seasonal work with Bord na Mona.

Along with referring himself to a psychologist for treatment, Mr O'Leary had engaged with the probation service and the probation officer had suggested that if he was deemed suitable for supervision there would be a number of conditions, including that he will engage with specific counselling and surrender any devices he has for inspection.

In his own evidence, Mr O'Leary said he had been down in himself and depressed and had returned home after failing First Year in college.

He had been socialising at first but found it difficult because he was living in the countryside and he began spending a lot of time in his room.

His GP assisted with contact information when he went for help and he had met the psychologist every two weeks for 18 months at a cost of €120 a session.

In all, he had spent more than €8,000, money which he got from his own savings.

Mr O'Leary said he had learned about self confidence and now understood that there were victims in what he had done and accepted he contributed to the exploitation of children.

He intended continuing to see the psychologist and added that the probation officer was very good and though it was difficult, he wanted to be as honest as he could and he will abide by any conditions placed on him.

He had recently started a mechanic apprenticeship and references from employers were handed into court.

Addressing Judge Johnson, Mr Hanniffy said the accused was well aware there were victims in the case.

A single man, he lived in a rural part of Offaly who had pleaded guilty at the first opportunity and that plea had been preceded by admissions.

He had lived with what he had done for five years and had availed of that time to rehabilitate.

Therapy had led to him identifying the patterns and deficits in his life which led to his behaviour and caused him difficulty in forming close relationships with others.

Conviction will have consequences for him and he will have to live for the rest of his life with what he had done.

Mr Hanniffy said the accused had written a letter of apology to the court and the report from the probation officer indicated he had cooperated fully. There is also a psychologist's report before the court.

Judge Johnson said he would read the reports and give his judgement on Thursday afternoon.