Man avoids jail for threatening to post intimate photos of his ex on Facebook

By Declan Brennan

A man who threatened to put intimate images of his ex-partner up on Facebook if she didn't pay him €5,000 he claimed she owed, has avoided jail.

John Lyons (50) told gardaí after his arrest that he was annoyed at the woman after they had split up. He said he wouldn't have put the pictures up online and didn't really know “how to work Facebook”.

Lyons of Swans Nest Ave, Kilbarrack, Dublin pleaded guilty to demanding money with menace at a place in Dublin on June 27, 2016. He has no previous convictions and numerous references described him as respectful, honest, hard working and as an excellent father.

Dublin Circuit Criminal Court heard that after the breakup, Lyons was upset and believed that the woman owed him €5,000 from money he claimed he spent on her during the relationship.

She was in a relative's home when he called and told her: “I was thinking that if you don't have my money I will be putting your videos and pictures all over Facebook”.

He then sent a topless photograph taken of her while in the shower to her mobile phone. This was one out of six intimate photos she knew he had of her that were consensually taken during the relationship.

Judge Pauline Codd said that it was a vile offence to threaten to breach somebody's privacy and their right to bodily integrity in this manner. She said it was also a breach of trust and “a rather infantile threat for a man of almost 50”.

She said the victim did feel intimidated and went to gardaí as a result.

But the judge noted Lyons is a man of otherwise good character and a good family man. She suspended a prison term of five months.

“There needs to be some type of deterrent for these type of offences,” Judge Codd said.

Garda John Doran told John Byrne BL, prosecuting, that Lyons was arrested two days after the offence and admitted sending the photo.

He told gardaí: “She told me to fuck off about the money, I sent her the picture and told her I put them on Facebook because I was annoyed”.

He said he felt “shite” about it now and said the victim was probably hurt over it. There has been no contact between the two since the offence, the court heard.

Pieter Le Vert BL, defending, said his client was very remorseful. He said he came from a good family and he has worked since the age of 16 and now has a full time job as an operative in a pre-cast concrete firm.

He said he has suffered personal tragedy in losing a former wife and child in a fire.

A reference from his current employer, who came to court to support him, was handed into court. A reference from a local teacher who knows him and his children stated that he is an excellent parent.

The chairman of a local football club who has known him for over a decade wrote that Lyons is “a great man with respect for others”.

Mr LeVert said that Lyons is someone of impeccable character and that this threat was utterly out of character. He said his client feels shame at the offence and at the upset he caused the victim.

The DPP had originally recommended that the case be dealt with summarily on a guilty plea. On summary disposal the case comes with a maximum penalty of 12 months.