A JUDGE yesterday complained he could only impose a £250 fine when a Co Down man was convicted of soliciting a 16 year old boy for prostitution.
Dundalk District Court heard that the man was held by gardai investigating reports of alleged child prostitution.
Imposing the maximum penalty on Michael Malone (38), with addresses at Ballymagreehan Road, Castlewellan and Derryleckagh Road, Newry, Judge Flann Brennan described the penalty - a fine of £250 - as an insult to society and intelligence.
Det Garda Pat O'Connor told the court he was on duty on November 30th/December 1st last, year. At 12.40 am, on Church Street, he saw a youth walking along the street. The youth, who was known to him, was alone.
The garda saw a car stop and he saw the youth open the front passenger door. He appeared to speak to someone in the car, got in and was driven away. The garda suspected it might be connected to matters he was investigating and a radio message was sent to other gardai.
Det Garda Joe Ryan said he received the message at around 12.45 a.m. and went looking for the car. A short time later, at a secluded road near where houses were being built at Blakely Close, he found the car and called for assistance. Det Garda Brian Mohan arrived and they approached the vehicle.
They opened the driver's door and saw Malone. On the passenger seat they saw the boy with the belt and top buttons of his trousers open. There was pornographic material in the floor well on the passenger side. The driver was taken to Dundalk Garda station where notes of a cautioned interview were taken.
Cross examined by Mr Paul Tierney, for the accused, the garda said Malone had denied the offence.
Det Garda Mohan said in the interview Malone said he left home at 11.30 pm. and went to Dundalk to go to a disco. He saw someone walking on the street and asked for directions to the disco. The boy said he wanted a lift home. Malone said he thought he was going to steal the car.
He told gardai the boy said he was a prostitute and asked if Malone went with girls or prostitutes. He had offered him sex and oral sex for £25 and told Malone he was a girl.
Malone said: "If you are a girl, let's see what you have."
The boy told him to put money on the dashboard. Malone told gardai that if it had been a girl he probably would have had sex.
When asked why he did not kick the boy out of the car, Malone told gardai he did not know if the boy had a knife on him. He said a workmate had arranged for the pornographic material to be sent and it had never been cancelled.
Det Garda Mohan agreed that Malone had fully co operated with gardai and after giving the boy a lift was afraid he was going to be robbed.
The boy took the witness stand but on legal advice declined to answer any questions.
Malone told Judge Brennan he stopped the car to ask somebody what time the disco closed at and the boy opened the door and asked for a lift home. He said he lived up past the disco. Malone said the boy kept looking behind while he drove and he feared they were being followed by another car.
Judge Brennan said he had to take into account what the gardai saw and he had no doubt the charge was proven.
He said the accused was to be remanded in custody for a week but was told by Mr Tierney that the maximum penalty was a fine of £250 for a first offence. He imposed the maximum penalty and fixed terms for an appeal. He said the fine for such an offence, was an insult to society and intelligence.