Judge 'flabbergasted' by three-year Garda delay in analysing child porn

A judge of the Circuit Criminal Court said yesterday he was “flabbergasted” to learn of a three-year delay by the Garda computer…

A judge of the Circuit Criminal Court said yesterday he was “flabbergasted” to learn of a three-year delay by the Garda computer crime investigation unit in analysing images and videos of child pornography found on a Co Mayo man’s laptop in 2009.

Judge Thomas E O’Donnell, sitting at Castlebar Circuit Criminal Court, took what he described as “an unacceptable prosecutorial delay” into consideration when passing sentence on Aidan McIntyre (36) from Lismeeganon, Aghamore, Ballyhaunis.

“This must be considered a substantial mitigatory factor,” the judge said before imposing an 18-month suspended prison sentence on the accused, who had been in custody since August 22nd and who had pleaded guilty.

Three hundred images and 27 video files were found by gardaí on McIntyre’s computer during a Europe-wide investigation of child abuse websites.

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One hundred and sixty five images were classified as grade two (child exposure) while 135 were category four – children aged between six and 12 involved in explicit sexual acts.

Also found were 27 movies, ranging in length from 40 seconds to 4½ or five minutes. Eighteen were category two, showing children gradually undressing or just dancing around naked.