Former Department of Justice official avoids jail term for possessing child abuse material

2023 file image of Niall Colgan

A FORMER DEPARTMENT of Justice official who admitted possessing child abuse material has been handed a fully suspended prison sentence.

Niall Colgan (39) told gardaí under caution when they arrived to carry out a search of his home in February 2022 that he “never touched any children, it’s all fantasy and the photos of children were taken from Tiktok and Instagram”.

Colgan, of Muckross Park, Perrystown, Dublin 12, pleaded guilty to one count of possessing child pornography in the form of two indecent videos and two indecent images of children at his home address on 1 February, 2022.

He has no previous convictions and has not come to garda attention since this incident.

The court heard that Colgan was suspended from his role within the Department of Justice when his offending came to light, and he has since resigned his position.

In a statement today, a Department of Justice spokesperson said that while “it is not the practice to comment on individual cases”, it can “confirm the person in question is no longer a civil servant”.

Today, Dublin Circuit Criminal Court heard that Colgan was followed on two separate occasions after leaving the Criminal Courts of Justice building and the word “paedo” was also spraypainted on the wall of his family home.

Judge Martin Nolan noted that possession of child abuse material is a “serious matter” but said that the amount of material in this case is “probably on the lower side of what the court deals with”.

He said Colgan had a “good position in life” before this offending and has been subject to “public odium”, ridicule and some harassment, which was “unlawful and shouldn’t have occurred”.

Imposing sentence, Judge Nolan said the court’s view is that it is unlikely Colgan will re-offend “to a great degree” in future based on his previous good character.

He noted that Colgan retains family support and obtained relevant services and help.

He handed Colgan a one-year prison sentence, suspended in full on strict conditions.

He also noted that Colgan will be on the sex offenders register for a period of five years.

Detective Garda Alan Young told Tessa White BL, prosecuting, that Colgan’s address was searched on the evening of 1 February, 2022.

Gardaí had obtained a search warrant for the property on foot of information from the online child exploitation unit.

A number of devices including an iPhone were seized during the search. Colgan admitted ownership of the phone and provided the password.

The child abuse material was found following an analysis of the iPhone.

The court heard the first video was 1 minute and 32 seconds long and depicted a pre-teenage girl with her genitals exposed, masturbating using what appeared to be curling tongs.

The second video of 1 min and 9 seconds depicted a boy who appeared under the age of 10 performing sexual acts with a female.

Both videos were deemed to be category one while the two images, one of a pre-teenage girl and the other showing a teenage girl, were placed in category two.

Gardai also found a small amount of cannabis, valued at around €300, on a table in the sitting room during the search, which Colgan took responsibility for.

Colgan later attended the garda station by appointment.

He was co-operative during the interview, remorseful and exercised his right to silence on certain matters when interviewed.

Det Gda Young agreed with Ronan Kennedy SC, defending, that Colgan was working remotely from home at the time of the search.

The witness agreed Colgan made certain admissions following caution and was co-operative with gardaí during the search and investigation.

It was further accepted that the child abuse material was only found on one device seized, which was Colgan’s personal phone.

Mr Kennedy put it to the witness that the material was found among an “extensive collection” of adult pornography, which was accepted.

It was agreed that Colgan complied with his bail conditions.

Mr Kennedy told the court that his client has been diagnosed with anxiety, depression and panic attacks.

A number of reports were handed to the court.

Colgan is carrying out casual work and is in education.

The witness accepted Mr Kennedy’s suggestion that Colgan is unlikely to return to employment of the type he had before his offending came to light.

The court heard that Colgan has been attending individual and group counselling.

His partner and parents were in court to support him.

Det Gda Young accepted the defence’s suggestion that “isolation as result of the pandemic and overuse of alcohol and cannabis had a significant part to play in his [client’s] downward spiral”.

It was further agreed that this case had been the subject of some media attention and posts on social media and the word “paedo” was spraypainted onto Colgan’s family home on 19 February last, the day he entered his guilty plea.

Defence counsel told the court that following this attack, Colgan’s insurance provider cancelled his home and car insurance.

Colgan has since been able to source alternative home cover but is not driving as he does not have any insurance.

The court heard that Colgan has been assessed at low risk of re-offending.