A man caught in possession of explicit child sex material in his Killea home has been given one year to prove that he has genuine insight into his offending.
Judge John Aylmer warned Terence Steele that he would need to see a positive probation report when he returns to court next year.
Steele, who told Letterkenny Circuit Court that he has received a death threat since the matter came to light, has made certain denials when being assessed by the Probation Service.
The court heard that the 51-year-old, of Ashlea Grove, Killea – who was found in possession of 10 videos and three images that constitute child pornography – has continued to deny a sexual interest in children and has denied that he was actively seeking the material, insisting that he was not aware of it and did not request it.
Judge Aylmer said that the offence merited a starting point of two years in prison before considering mitigation.
He said he would need to see accountability and acknowledgement of the activity.
Judge Aylmer paused his final judgement and told Steele to go under the supervision of the Probation Service for the next 12 months.
“There has to be successful engagement,” Judge Aylmer said, “then I would be able to consider the imposition of a fully-suspended sentence, which is where I would like to go, but I am not going there when I see that level of denial and the lack of engagement”.
Steele previously pleaded guilty to a charge that he did knowingly have in his possession child pornography to wit, three unique images and 10 unique video files which constitute child pornography. The offence is contrary to Section 6(1) of the Child Trafficking and Pornography Act, 1998.
Detective Garda Donal Kelly told Barrister for the State, Ms Fiona Crawford BL, that 10 video files and three images were found on a Google Pixel mobile phone belonging to Steele.
Enquiries were made after the offending behaviour came to light via a Snapchat account that was traced back to Steele.
Gardai swooped on his home, armed with a search warrant, on May 18, 2022. Steele’s mobile phone was seized and the accused man handed over his account names and possible passwords.
The phone was analysed and material found.
The 10 videos were deemed to be in the explicit category – the most serious category depicting sexual activity between adults and children. Of the images, two were of child exposure, which is category 2, and one was deemed to be child explicit.
Steele was interviewed at Letterkenny Garda Station. Detective Garda Kelly said Steele gave an account that he “wasn’t sure how they ended up on his phone.”
The court heard that Steele was engaged in adult chat forums at the time.
Steele told gardai that he was sent a file containing the material. However, Detective Garda Kelly informed the court that investigating officers could tell that they were downloaded on four separate dates.
Steele has no previous convictions and has not come to adverse attention since.
Put into the witness box by his barrister, Mr Colm Smyth SC, Steele said he accepted that he is “100% to blame” and said he was “sickened by his behaviour.
A father-of-three, Steele told the court that his offending was “horrific”.
Steele wept as he told the court that he had received a letter through the door of his home warning that he would be shot.
He outlined that when he was eight years old he witnessed his own father being shot three times. His father had an attachment to the British Army and they lived in a Republican area of Derry.
Following the incident where his father was shot, Steele said he began drinking and taking prescription pills at the age of 14 and he told Judge Aylmer that he “struggles to explain myself” at times.
He has sought counselling for sex addiction and he has undergone a programme Search For Change, while he has been alcohol free for three years now.
Steele, who works part time in a bed and breakfast, said his whole focus now are his children and his elderly parents.
He recalled that he has attempted to take his own life and he struggles with his offending every day.
He said: “I feel guilty every day. It’s the first thing I think about when I get up every day.”
Steele said he now wants to help people with addictions and pleaded for leniency.
His wife also gave evidence and said that Steele has “improved 100%” and “works hard” for his family. She said that “nobody really speaks to us” in their local community, where they have lived since 2003, and her husband has “lost so many of his friends”.
“This has wrecked our lives,” she said, begging Judge Aylmer for leniency.
Mr Smyth said that his client engaged in “very serious” offending and there was a background to his behaviour regarding childhood trauma and PTSD.
Mr Smyth said there had been a strong effort to rehabilitate and asked the judge to take account of Steele’s early plea and the fact that he cares for his children and parents.
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