Alleged 'world's largest facilitator of child porn' risks having higher sentence imposed if convicted in US
Lawyers for an Irishman alleged to be the "largest facilitator of child porn in the world" have told the High Court that there is a "real risk" the prosecution will seek to have a higher sentence imposed if he is convicted in the United States.
Eric Eoin Marques, who is alleged to be the owner and administrator of an anonymous hosting site known as Freedom Hosting, is wanted by the US authorities to face charges relating to conspiring to distribute and advertise child pornography and advertising and distributing child pornography.
The charges against Marques relate to images on over one hundred "anonymous websites" described as being extremely violent, graphic and depicting the rape and torture of pre-pubescent children.
The 30-year-old with an address at Mountjoy Square in central Dublin, has been in custody since his arrest in August 2013, after he was refused bail over concerns he represented a flight risk and that he may abscond or interfere with evidence in the case.
The State are seeking to surrender him to US authorities while Mr Marques is seeking a judicial review of the Director of Public Prosecutions decision not to prosecute him in this country.
Counsel for Mr Marques, Michael P O'Higgins SC, today told the High Court that the sentencing range in America can be "quite wide".
"We don't know if there is a conviction, whether there will be a conviction on all or some of the counts. In America, there is no boundary in charges and the sentencing range can be quite wide," said Mr O'Higgins.
"Apart from the allegations, there are a range of matters which could feature in this case," he continued.
"These include whether Mr Marques benefited financially from the alleged conspiracy. They include whether Mr Marques is a paedophile," he said.
"They include whether he uploaded images of child pornography onto Freedom Hosting and whether he visited the Onion Paedo video archive.
"Whether he had control of a mail service run on a server in France that provides anonymous email communication for drug dealers, for terrorists, for child pornographers and other persons engaged in criminality," he said.
Mr O'Higgins added that matters included whether he offered users of the website the opportunity to engage in money laundering. He said other matters involved were whether he impeded the investigation by An Garda Siochana, and whether he sought to destroy evidence upon his arrest.
"On August 1st 2013 whether he re-accessed the website the FBI (previously) had to change the password on and locked the FBI out by switching in his own password. Whether he used or procured a bogus passport or a bogus identification document," he continued.
"Whether Mr Marques was a leader of the alleged conspiracy. The number of his co- conspirators.
"Whether Mr Marques has large amounts of money secreted away in bank accounts that the FBI have frozen, that have been derived from criminal activity," he said.
"In relation to the allegation of uploading child pornography, the sentencing court might have to (decide) it was the misguided actions of a person with a mental disorder or that it was more explicable as being the unprincipled business activities of an international child pornographer," he said.
"It is my submission having regard to the nature and breadth of the material and the content of the evidence, that the applicant has more than established there is a real risk that if convicted in the United States, there is a real risk the prosecution will seek to have a higher sentence imposed," he said.
"Fairness at sentencing is something that involves guarantees that are internationally enshrined," he concluded.
Ms Justice Aileen Donnelly remanded Mr Marques in custody until tomorrow when the hearing will resume.
