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BreakingNews.ie
31-07-2025
- BreakingNews.ie
Man (32) caught with child sex abuse images sent to prison after suspended sentence is overturned
A man who received a fully suspended term for sending 2,500 sexually explicit messages to a 15-year-old boy and having thousands of child abuse images has been jailed for three years after the Court of Appeal found his original sentence was too lenient. James Varian (32), with an address at Lois na Greine, South Douglas Road, Cork, was found to have 7,781 child sex abuse images on his mobile phone, with the majority of the files related to prepubescent children under the age of 12. Advertisement Varian pleaded guilty to using information and communication technology to facilitate the sexual exploitation of a child contrary to section 8 (1) of the Criminal Law (Sexual Offences) Act 2017. He also pleaded guilty to the possession of child pornography contrary to section 6 (1) of the Child Trafficking and Pornography Act 1998, as amended by section 14 of the Criminal Law (Sexual Offences) Act 2017. The judge also took into consideration an offence of attempting to pervert the course of justice contrary to common law. On November 19th 2024, Varian was sentenced by Judge Dermot Sheehan in Cork Circuit Criminal Court. Advertisement He received four years fully suspended for the charge of facilitating the sexual exploitation of a child, and two years fully suspended for the possession of child pornography. The Director of Public Prosecutions had appealed the sentence on the grounds that it was too lenient. At the original sentencing hearing, Detective Sergeant Brendan Corry said that on January 4, 2022, gardai were called to an address and spoke to a father who said that images and other media files of a sexual nature were found on a home computer a 15-year-old boy had been using. Det Sgt Corry said that gardai found messages of a sexually explicit nature were being sent to the boy, mostly through the messaging site Telegram. Advertisement He said that on January 5th the respondent phoned gardai to say that he was the subject of a garda enquiry and on January 6 a warrant was obtained to search his home. He said that the communication discovered by gardaí was 'alarmingly excessive, with in excess of two thousand five hundred messages exchanged over a period of nine days spanning between December 26, 2021 and January 4, 2022." At the time of offending, Varian was 28 years old, while the boy was 15. Det Sgt Corry said that on January 4th upon discovering that gardai were investigating, Varian also directed the boy to 'purge chats, delete everything'. Advertisement He said that Varian was arrested on May 30th 2022, was detained and interviewed on two occasions, where he made no admissions at interview. He said that the seized phone was found to contain 7,781 images classed as child pornography, with 6,431 of these images deemed as 'child animation'. Counsel for the DPP, Emmet Boyle BL, told the Court of Appeal that the sentencing judge erred in failing to attach appropriate weight to aggravating factors in the case. He said these factors included the amount of messages sent to the child, the disparity of age between the defendant and the victim, his urging the boy to delete the messages and his risk of reoffending which was outlined by the probation services. Advertisement Mr Boyle also said that the sentencing judge put undue weight on the mitigating factors in the case, like Varian's lack of previous convictions and his early guilty plea. Defence counsel for Varian, Jane Hyland SC, said that the decision to fully suspend his sentence was justified and the judge was exercising within his discretion in the sentencing. She said that her client lost his job as a result of the incident, that he suffers from mental health problems and that he also suffered reputationally from the incident. Returning judgement, Mr Justice John Edwards said that the sentencing judge's reasons for fully suspending the sentences were 'relatively sparse', giving only Varian's age and the fact that he was a first time offender. He said that the judge acted in error to fully suspend the sentences and that the decision was not proportionate to the gravity of the offending. He said that the sentencing was 'outside the norm and unduly lenient'. He also said that although the court noted Varian's assertions of his remorse, his letter of apology presented to the judge failed to mention his young victim at all. Mr Justice Edwards said that the court decided to quash the original sentences and proceeded to resentencing. Ireland Man (46) jailed for taking photographs of his teen... Read More He said that there was no issue with the original headline sentences imposed at six years for sending explicit messages and four years for the possession of child pornography. He said that the court also accepted the discount of two years for both counts given in mitigation by the sentencing judge. The Court of Appeal sentenced Varian to four years in custody with the final 12 months suspended for a period of 12 months for the count of sending explicit messages. They also sentenced him to two years in custody for the count of possession of child pornography, to run concurrently with the first.
Irish Examiner
30-07-2025
- Irish Examiner
Couple charged with running brothel in Cork remanded on bail
A man and a woman appeared in court on Wednesday on charges related to their alleged part in brothel-keeping at Watercourse Road in Cork in 2021. Sergeant John Kelleher said at Cork District Court the Director of Public Prosecutions had given directions in the case that it should be dealt with by indictment at Cork Circuit Criminal Court. The DPP also consented to a plea of guilty being entered at the district court for sentencing at the circuit court. 39-year-old Tiberius Bot, of Ross Park, Killavullen, Co Cork, is charged with brothel-keeping contrary to the Criminal Law (Sexual Offences) Act. The single charge against him states that on November 11, 2021, at 1 Bleasby Street Mews, Bleasby Street, Watercourse Road, Cork, he did keep or manage or act or assist in the management of a brothel. 40-year-old Alina Maria Straton, also of Ross Park, Killavullen, faces the same charge. In addition, she faces another charge related to the following day, November 12, 2021, at her home in Kilavullen of having a cannister of pepper spray in her possession, contrary to the Firearms Act. Shane Collins-Daly, solicitor, represented both accused and applied for a precis of the evidence and a memo of their interviews with gardaí. Mr Collins-Daly said consideration would be given to whether they would be pleading guilty or not guilty. Free legal aid was granted for the representation of both accused after Judge Dorgan was told they were dependent on social welfare payments. Judge Dorgan remanded both of them on bail until October 1 at Cork District Court.
The Journal
21-07-2025
- The Journal
Man charged with manslaughter of grandmother sent forward to circuit court
A BOOK OF evidence has been served on a man accused of the manslaughter of his 82-year-old grandmother in Carrigaline, Co Cork. Brian Nnamdi Ogbo (38) of Garrydhu Drive, Kilmoney Road, Carrigaline appeared before Cork District Court today by video link. Mr Nnamdi Ogbo is charged unlawfully killing Stella Ejiatu Nnamdi on 25 February 2025 at Garrydhu Drive, Kilmoney Road, contrary to common law. Sgt Gearóid Davis confirmed service of the book of evidence. He applied to have the case sent forward for trial at the next sessions of Cork Circuit Criminal Court in October. 'There is one count before the court of manslaughter. DPP directions are for trial on indictment at Cork Circuit Criminal Court. The DPP also consents to a plea of guilty being entered by the accused, should that arise.' The book of evidence was served on solicitor Eugene Murphy who was representing the accused. He applied for free legal aid for his client who is unemployed and has 'serious difficulties with his mental health.' Judge Mary Dorgan told Mr Nnamdi Ogbo of the necessity to provide the state with details of any witness he might call if relying on an alibi defence. Free legal aid was granted to facilitate the appointment of a barrister and senior counsel at the circuit court. The accused was remanded in custody to appear before Cork Circuit Criminal Court in the next sessions which get underway on 28 October next. A psychiatric report will be prepared in the interim. Advertisement Meanwhile, Mr Nnamdi Ogbo was initially charged with assault causing harm. However, the charge was subsequently withdrawn and a new charge of manslaughter was brought against him earlier this month. Evidence of arrest, charge and caution was previously given in the case by Det Garda Tom Delaney. In previously objecting to bail in the case, Det Garda Delaney said that Mr Nnamdi Ogbo allegedly dragged his grandmother down the stairs by the head. He stated that Mr Nnamdi Ogbo was 'caught red handed' and 'corroborated the facts alleged' during a garda interview. Det Garda Delaney also indicated that Mr Nnamdi Ogbo was a flight risk. 'He came to Ireland to seek international protection but there is no record of visa or travel documents.' He stated that the accused was without ties to the jurisdiction. He also spoke of the gravity of the alleged offence. 'An 82-year-old woman was dragged down the stairs. (Ihe course of the interview) he said he could do something like this again. There is a significant risk to family members.' He said that the accused was previously diagnosed with schizophrenia. Mr Nnamdi Ogbo told the court that he had never been in trouble in his life and came in to this country legally. A post mortem examination was carried out on Stella Ejiatu Nnamdi at Cork University Hospital by State Pathologist Dr Heidi Okkers. The results were not released for operational reasons. The deceased lady was a Nigerian national who lived with her daughter in Carrigaline.
The Irish Sun
21-07-2025
- The Irish Sun
Book of evidence served on man, 38, accused of unlawful killing of grandmother, 82, in Cork as case sent to trial
THE book of evidence has been served on a man accused of the unlawful killing of his 82-year-old grandmother in Carrigaline, Co Cork last February. Brian Nnamdi Ogbo, 38 of Garrydhu Drive, Kilmoney Road, Carrigaline appeared before 1 The next sessions get underway in Cork Circuit Criminal Court in October Credit: Google Streetview He is charged that on February 25, 2025 at 17, Garrydhu Drive, Kilmoney Road, he unlawfully killed Stella Ejiatu Nnamdi, contrary to common law. Sergeant Gearóid Davis confirmed service of the book of evidence. He applied to have the case sent forward for trial at the next sessions of Cork Circuit Judge Mary Dorgan told Nnamdi Ogbo of the necessity to provide the state with details of any witness he might call if relying on an alibi defence. READ MORE IN IRISH NEWS Free legal aid was granted. The accused, who has not applied for bail, was remanded in custody to appear before Cork Circuit Criminal Court during the next sessions which get underway on October 28 next. A psychiatric report will be prepared in the interim. Nnamdi Ogbo was initially charged with assault causing harm. Most read in Irish News However, the charge was subsequently withdrawn and a new charge of manslaughter was brought against him earlier this month. In previously objecting to bail in the case Detective 'CAUGHT RED-HANDED' He stated that he was 'caught red-handed' and 'corroborated the facts alleged' during a garda interview. Detective Garda Delaney said the defendant was a flight risk. He said the accused was previously diagnosed with schizophrenia. A post mortem examination was carried out on Stella Ejiatu Nnamdi at Cork University The results were not released for operational reasons. The deceased lady was a Nigerian national who lived with her daughter in Carrigaline.
Irish Daily Mirror
17-07-2025
- Irish Daily Mirror
Man jailed for spraying contents of a syringe at a garda
A 37 year-old man who sprayed a garda in the face with liquid from a syringe after he was called to his home during an episode of self harm has been jailed for 18 months. Cork Circuit Criminal Court heard that gardai attended at the home of Trevor Murphy at Millerd Street in Cork city on February 8, 2024 after they received a phone call that a man was threatening to harm himself. Judge Helen Boyle was told that when gardai attended onsite Mr Murphy reacted in an aggressive manner. He had locked himself in the bathroom and refused to co operate with gardai. He told gardai that he would assault them if given the chance to do so. Members of the Armed Support Unit had to break in to the bathroom with Mr Murphy grabbing a needle and a syringe with a liquid it it and spraying it in to the eyes of one of the guards. The accused had to be restrained with pepper spray. The garda needed to take preventative antibiotics. He underwent a blood test where he was found negative for HIV and Hepatitis. Mr Murphy has 64 previous convictions for offences such as robbery and assault. Judge Boyle said that the offence consisted of 'an assault using a syringe.' 'The guard was only there to assist you and to stop you from taking your own life. Gardaí are entitled to go about their duties without risk of serious illness and assault.' She described as mitigating factors in the case the signed plea of guilty to assault and the fact that Mr Murphy was going through a 'mental health crisis.' Judge Boyle also noted that Mr Murphy was making a 'great effort' to beat his alcohol and drug addiction. 'Your drug use exacerbates your mental health difficulties. I am satisfied you have done your best to stay away from drugs and to mind your mental health since this.' She imposed a sentence of two and a half years suspending the last 12 months of the sentence. Subscribe to our newsletter for the latest news from the Irish Mirror direct to your inbox: Sign up here.
