Suspended sentence for child porn viewer
Disturbing images of child pornography were watched by a man high on cocaine, who was today given a suspended 18-month jail sentence.
Judge Sean O'Donnabhain said to defendant, Edward Fitzgerald of Braemar, Coolyduff, Inniscarra, Co Cork: "You looked at these after consuming drugs."
And the judge noted that the range of child pornographic images included images from every known category.
Before Fitzgerald ever turned to this kind of material he had an addictive personality and had difficulties with alcohol and drink.
The judge had the benefit of a detailed report on Fitzgerald from England's Granada Institute for the treatment of sex offenders.
"You have a good insight into the distorted thinking that led you to look at these images. The clinical judgement is that you are a low risk of re-offending into the future.
"I have to give serious consideration to whether or not you should be imprisoned. The provisions of the sex offenders register have a real and substantial punitive element to them and can be regarded as providing protection to the public," he said.
The judge was influenced by Sergeant Dave Foley's confirmation that Fitzgerald was definitely not involved in passing over or trading of images.
Judge O'Donnabháin also noted from the Granada report that the accused had no apparent signs of being a paedophile.
He imposed an 18-month sentence, bound him to the peace for two years and put him on a sex offenders register for five years. He must continue with counselling and treatment for his problems.
Sergeant Foley said that 289 movie files and 2,811 images of child pornography were downloaded by Fitzgerald.
Fitzgerald admitted having 13 grams of cocaine for his own use at his home on May 27 last year and being in possession of images of child pornography, contrary to the Child Trafficking and Pornography Act of 1998.
The suspended sentence was imposed on the pornography charge and the drugs offence was
taken into consideration.



