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Tallaght man caught with child abuse videos on his phone is spared jail

Three of the videos were classified as containing the most explicit type of “Category 1” material

Today at 07:22

A man who downloaded four videos containing child abuse material onto his phone from a chat website has been given a suspended sentence at Dublin Circuit Criminal Court.

Gerard O’Keeffe (44) with an address at Fortunestown Crescent, Tallaght, Dublin 24, pleaded guilty to possessing the child pornography at his home on August 30, 2022.

Passing sentence today, Judge Martin Nolan said what O’Keeffe had done was reprehensible, noting that he has “rightly” suffered public shame.

“Downloading child pornography is not a victimless crime – I hope he [O’Keeffe] understands that,” said the judge, handing down a fully-suspended sentence of two years.

Garda Alan Young told counsel for the State that gardaí were made aware by the Garda Online Child Exploitation Unit that child abuse material might be found at O’Keeffe’s home.

O’Keeffe was present when gardaí arrived at his home under warrant.

The court heard he cooperated fully with the investigation and handed over his mobile phone, which was forensically examined.

The phone was found to contain four video files, varying in lengths of between two and a half minutes to approximately 30 minutes.

Three of the videos were classified as containing the most explicit type of “Category 1” material and involved female children engaging in various acts.

The other video was listed as Category 2, comprising children seen naked.

O’Keeffe met with gardaí by appointment and although he did not have a specific recollection due to his alcohol problems, he cooperated and made general admissions about his conduct.

He admitted being associated to an email address linked to the site used for downloading the material and was regretful and apologetic.

Gda Young agreed with prosecuting counsel that O’Keeffe expressed “a degree of shame” and cooperated fully with the investigation.

O’Keeffe has one previous conviction from the District Court for assault causing harm, going back to when he was aged 16 or 17.

Gda Young agreed with Vincent Heneghan SC, defending, that O’Keeffe was unlikely to come before the courts again and had been described by a forensic psychologist as being at low risk of reoffending.

The court heard that O’Keeffe had downloaded the material from a chat website for a group of between 50 and 60 users and that he was on the site for between three and five months.

Mr Heneghan said O’Keeffe had had a difficult childhood and had himself been subject to sexual abuse from the age of eight.

O’Keeffe has had intermittent jobs including as a kitchen porter and was remorseful, shameful and accepting of his guilt, the court heard.

A letter of apology by O’Keeffe was handed into court.

Judge Nolan said O’Keeffe has good points to his character and had pleaded early and been helpful and cooperative throughout the investigation.

The judge said there were no aggravating factors such as distribution, or previous relevant convictions.

O’Keeffe was ordered to undergo supervision by the Probation Services for one year.