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 in Spain, a court has heard.
In May 2018, Spanish police also seized a mobile phone belonging to “family man” and college graduate Liam Kelly (45) of Clonadrum, Mullagh, and an analysis of the phone detected a small number of child abuse images.
Arising from the subsequent garda investigation, father of two Kelly pleaded guilty at Ennis Circuit Court to the possession of three child abuse images and one video at his west Clare home in May 2018.
Sgt Claire Haugh of Ennis Garda Station told the court that at interview, Kelly had denied viewing the images 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. Sgt Haugh said a video showed a nine- to ten-year-old girl “removing her underwear”.
She said that 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 showed that Kelly was “involved in various chat-rooms that were indicative of a sexual interest in children”.
Sgt Haugh said Kelly told gardaí that he was on such platforms “with a view to outing paedophiles”.
She said gardaí rejected this after an analysis of the laptop seized showed Kelly expressing a sexual interest in young children. Counsel for the State, Lorcan Connolly BL said that there are references to “paedo” or “ped” in the online chats.
Judge Francis Comerford described engagement with child abuse material as “evil” and described Kelly’s excuse that he was trying to entrap predatory paedophiles as “fairly implausible” and “nonsense”.
In evidence, Sgt Haugh said South Wales police initially discovered the online chat in May 2018 between Kelly and another man that resulted in the Spanish police intervention.
Sgt Haugh said Kelly told the user that he was going to Spain the following day and referred to a 10-year-old child “and I am going to try her”.
She 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”.
Sgt Haugh said that South Wales police informed gardaí through Interpol, and gardaí in turn contacted their Spanish counterparts, who met with Kelly at his hotel on May 23, 2018.
Judge Comerford said “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 Kelly and the man from the UK comprised 153 messages discussing sexual activity with young girls.
She said that while Kelly was in Spain, Detective Garda John Casey of Ennis garda station secured a search warrant for 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 abuse 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 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 Kelly had under his handle were “indicative of sharing thoughts and views and encouraging an interest in paedophilia”.
Sgt Haugh said that Kelly has no previous convictions and is an applied physics and electronics graduate and works for a manufacturing company.
Counsel for Kelly, Bernard Madden SC described his client as “a family man” and there was no evidence of financial gain out of this and no history of violence.
He said that since the images were discovered six years ago, Kelly has not come to garda attention again.
Mr Madden asked that 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 Kelly doesn’t avail of treatment “he will be going to jail, it is as simple as that”.
The judge said that completed therapy would have beneficial effects for society. He said that the most aggravating factors in the case were evidence around the online chats used to rebut Kelly’s claim that he was trying to entrap paedophiles rather than the child abuse material offences before the court.
Judge Comerford said the child abuse material 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 Kelly has shown no remorse “and his wife wanted him to engage with a clinical psychologist but he didn’t want to do that”.
The judge lifted reporting restrictions in the case and Mr Madden expressed concern for the impact on 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.
He said: “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.”
Judge Comerford remanded Kelly on continuing bail and the case will be mentioned again on March 8 at Ennis Circuit Court.
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