'Family man' admits having child pornography on his phone

Spanish police intervened and met with a west Clare man after being alerted to comments he made online that he had a sexual interest in young girls and was going to ‘try’ a 10-year old girl while on holiday, a court has heard.

In May 2018, Spanish police also seized a mobile phone belonging to ‘family man’ and college graduate, Liam Kelly, aged 45, of Clonadrum, Mullagh, Co. Clare.

A subsequent analysis of the phone detected a small number of child pornography images.

Arising from the garda investigation, the father-of-two has now pleaded guilty to possession of three images of child pornography and one video.

Ennis Circuit Court heard all of the offences occurred at his west Clare home in May 2018.

Sergeant Claire Haugh of Ennis garda station told the court that during interview, Mr Kelly had denied viewing the images that he had received online from a UK national.

Sgt Haugh said the images included individual naked females, aged two to three, aged from three to four and aged five. She said a video showed a nine to ten year old girl "removing her underwear in a provocative manner”. 

Sgt Haugh said that Mr Kelly had stated in a 2018 online chat that he was sexually interested in girls aged from eight to 13. 

An analysis of a laptop seized from the defendant showed that he was "involved in various chat rooms that were indicative of a sexual interest in children”.

Sgt Haugh said Mr Kelly told gardai that he was on such platforms “with a view to outing paedophiles” but that gardai rejected this as an analysis of the laptop seized showed Mr Kelly expressing a sexual interest in young children.

Counsel for the State, Lorcan Connolly BL, instructed by State Solicitor, Aisling Casey, said that there are references to ‘paedo’ or ‘ped’ in the online chats.

Judge Francis Comerford described engagement with child pornography as “evil” and he described Mr Kelly’s excuse that he was trying to entrap predatory paedophiles as ‘fairly implausible’ and ’nonsense’.

In evidence, Sgt Haugh said that it was South Wales police who initially discovered the online chat in May 2018 between Mr Kelly and another man that resulted in the Spanish police intervention.

She said that Mr Kelly told the user that he was going to Spain the following day and, when referring to a 10 year old child, said: ‘I am going to try her’.

Sgt Haugh said that "in the context of earlier exchanges it was entirely reasonable to assume that Mr Kelly was intent on engaging in sexual activity with this child”.

The witness added that the South Wales police informed  gardai through Interpol and that gardai in turn contacted their Spanish counterparts who met with Mr Kelly at his hotel on May 23, 2018.

Judge Comerford commented that "there is no evidence that the child in Spain on holidays was put at risk but talking in those terms is revolting”. 

Sgt Haugh said that the online chat between Mr Kelly and the man from the UK comprised 153 messages discussing sexual activity with young girls.

She told the court that while Mr Kelly was in Spain, Detective Garda John Casey of Ennis garda station secured a search warrant in court to search Mr Kelly’s home at Mullagh.

Counsel for the State, Mr Connolly said that an analysis of a laptop at the home didn’t yield any child-pornography images "but showed the user involved in various chatrooms that were indicative of a sexual interest in children”.

Mr Connolly said that in one online chat, there was evidence of 32 users online simultaneously and Mr Kelly had different private chats with people with various handles with a sexual interest in children.

Sgt Haugh agreed with Mr Connolly that the private chats Mr Kelly had under his handle (username) were “indicative of sharing thoughts and views and encouraging an interest in paedophilia”.

The witness told the court that Mr Kelly has no previous convictions and is an Applied Physics and Electronics graduate and works for a manufacturing company.

Counsel for Mr Kelly, Bernard Madden SC, instructed by solicitor John Casey, described his client as “a family man” and said there was no evidence of financial gain out of this and no history of violence.

Mr Madden said that since the images were discovered six years ago, Mr Kelly has not come to any further attention of the gardai. He asked that Mr Kelly be further remanded on bail to allow him receive therapeutic treatment.

Judge Comerford acceded to the application "with no promises” and warned that if Mr Kelly doesn’t avail of treatment “he will be going to jail. It is as simple as that”.

Judge Comerford said that completed therapy would have beneficial effects for society.

The judge added that the most aggravating factors in the case were evidence around the online chats used to rebut Mr Kelly’s claim that he was trying to entrap paedophiles rather than the child pornography offences before the court.

Judge Comerford said that the child pornography offence was at the lower end when one sees other offenders coming before the courts with thousands of images "but all such images are horrible". He noted that Mr Kelly has shown no remorse "and his wife wanted him to engage with a clinical psychologist but he didn’t want to do that”. 

Judge Comerford lifted reporting restrictions that had been in place and Mr Madden expressed concern for the impact on Mr Kelly’s children that publication of his name would have on them.

Judge Comerford said that identification is part of the deterrent effect against such offences. "I appreciate it is very difficult for the children of the accused. It isn’t good at all. But there is no basis for reporting restrictions. It is a particularly heinous crime," he commented.

Judge Comerford remanded Mr Kelly on continuing bail and the case will be mentioned again on March 8 at Ennis Circuit Court.