Taxi driver jailed over possession of video containing child sex abuse material
Keith Reilly (57), a taxi driver and married father of two from Upper Grattan Park, Kindlestown Lower, Greystones, Co Wicklow pleaded guilty to possession of the offending material contrary to Section 6 (1) of the Child Trafficking and Pornography Act 1998.
A sitting of Wicklow Circuit Criminal Court on Thursday heard that gardai were alerted to the existence of a video in a Dropbox account in Reilly's name by the US-based National Centre for Missing and Exploited Children.
Detective Garda Dara McEvoy gave evidence of seizing a mobile phone during a search of the defendant's home on July 2, 2021.
Det Garda McEvoy said no child pornographic imagery was detected on the device but gardaí were "extremely concerned" about the content and tone of a conversation between Reilly and another individual about young children in an exchange on WhatsApp.
He told counsel for the DPP, James Kelly BL, that files in a Dropbox account belonging to the defendant could not be opened but two videos containing 'Category 1' child sex abuse material were subsequently found in it with the assistance of authorities in the US.
Evidence was heard that one video contained a recording of children engaged in sexual activity while the other depicted a naked boy masturbating.
Det Garda McEvoy agreed with Mr Kelly that the WhatsApp conversation in itself constituted an offence under the legislation but the court heard that no prosecution had been entered in relation to it.
The court heard that Reilly had no other previous convictions apart from some road traffic offences from 20 years ago.
Cross-examined by defence counsel, Barry White SC, Det Garda McEvoy said he was aware that the accused had complained to gardaí in the past about being sexually abused as a child.
Det Garda McEvoy said he understood that a file on the complaint had been forwarded to the DPP who had directed that there should be no prosecution.
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Mr White observed that the defendant felt a proper Garda investigation had never occurred into the matter.
The barrister said Reilly's offence seemed to be "an endeavour to bring the matter into the open."
Judge John Martin acknowledged that the offence related to a small amount of material when some similar cases involved hundreds of videos.
He also accepted that Reilly had cooperated with gardaí and entered an early guilty plea, while there was no evidence he had engaged in the offending behaviour over any prolonged period.
However, Judge Martin said he was somewhat concerned that Reilly was the father of two teenage girls given the nature of the offence who had also shown no empathy or remorse.
The judge said he disagreed with the view of both the defendant and his wife, that it was a victimless crime.
"Young people were exploited for the sexual pleasure of others," the judge remarked. "Innocent children were exploited by someone making money out of them."
Judge Martin said Reilly's claim that he was not motivated by any sexual desire but was calculated to bring himself "into the spotlight" was "a difficult pill to swallow."
The judge said it seemed like the defendant hoped he would be "rumbled" which he found difficult to rationalise.
He observed that Reilly had a difficult childhood which no child should have to endure "no more than the children in the video you were watching."
The judge said he had been assessed at a low risk of offending although a psychologist believed such an assessment was likely to underestimate the risk due to the defendant's "limited disclosure."
Sentencing Reilly to 14 months in prison, Judge Martin suspended the final four months on condition that he places himself under the supervision of the Probation Service and complies with any directions given to him for a period of 12 months after his release from prison.
Another charge relating to possession of the other video was taken into consideration.
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