A Ballyshannon man found in possession of over 500 videos of child sexual abuse material has admitted his is not a “victimless crime.”
Conor Boyle, who appeared at Letterkenny Circuit Court, used different Facebook accounts to share the material – some of which was classified as being in the most serious category of such material – with other people.
The 58-year-old of St Benildus Avenue, Ballyshannon, Boyle previously pleaded guilty to charge of distributing child pornography, contrary to section 5 of the Child Trafficking and Pornography Act, 1998.
He will be sentenced next week.
Detective Garda Shane Maye of Ballyshannon Garda Station outlined the case before Judge John Aylmer.
The court heard that Boyle pleaded guilty in December, 2020, but a difficulty with a solicitor, who is no longer in practice, deleted the case.
Correspondence was received from the Garda National Protective Services Bureau in relation to activity on a Facebook account in Boyle’s name in March 2017. An image and a video, depicting child pornography, and a second video of beastiality were transferred to another Facebook account in America, the court was told.
Boyle’s IP address was tracked down and detectives, armed with a search warrant, swooped on his home. The accused’s laptop computer and a Samsung mobile phone were seized.
Boyle told Gardai that he had two Facebook accounts, but gardai later became aware, in July 2017, that he operated a third Facebook account. An application was made to Facebook to preserve the accounts.
He outlined to gardai that he set up different emails to the first two accounts. It was not until later that admissions were made in relation to the third account.
In total, 515 videos and nine images were found on the Facebook accounts with 304 videos and four images distributed to others.
A page in his own name had 216 videos and two images while 280 videos, including 11 depicting beastiality, and five images were found on the second account. A third Facebook account had 19 videos and two images.
There were 410 videos and three images classified as being in category one – the most serious – with the remainder category two material.
When gardai arrived at his home, Boyle outlined that he was accessing child pornography and he gave officers PIN numbers and access codes to his devices. He made full admissions when interviewed and told gardai that he was communicating with others.
Barrister for the State, Ms Fiona Crawford BL, outlined that the potential maximum sentence for such offending is 14 years imprisonment.
Boyle, put in the witness box by his barrister, told the court that he has undergone work with COSC – the national office for the prevention of domestic, sexual and gender-based violence – and has been engaged in that activity for over two years now.
Mr Smyth asked Boyle if he now had insight into his behaviour and the defendant said: “Yes, and I am truly sorry and ashamed of what I have done. I see now the effect that was done on the people.”
Boyle said he realises now that this was not a victimless crime and said he realises the seriousness of his offending.
He told the court that he is married, but he has no children.
Mr Smyth told the court that his client has engaged in extensive therapeutic work and has “shown remorse and shame”. Boyle had, said his barrister, given consent for the use of technology that was necessary to pursue the investigation.
He said Boyle followed that up by pleading guilty at the earliest opportunity.
“It is a very serious matter, but he has gone a long way,” Mr Smyth said. “He has indicated his remorse, he has full understanding of the grave consequences and he has turned the corner.
A psychiatric report on Boyle placed him at a low risk of reoffending, in line with a report prepared by the Probation Service
Noting that Boyle has no previous convictions, Mr Smyth asked Judge Aylmer to be “as lenient as possible”.
Judge Aylmer will hand down his judgement next week.
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