Corkman spared jail for having child pornography 'essay'

The judge said the offence, which involved child pornography in the form of the written word only and no images, was "unusual and unique"

Judge Olann Kelleher agreed at Cork District Court that it was a unique offence and he imposed a nine-month prison sentence on Murphy but suspended it on condition that the accused would comply with all of the directions of the probation service in addressing issues related to this offence.

A ‘unique’ child pornography case saw a Corkman being convicted and sentenced today for having child pornography in the form of the written word only and no images.

A nine-page document took the form of a fictional representation of children being abused or involved in incest. Defence solicitor Frank Buttimer accepted that the case was properly classified as child pornography and that his client – 53-year-old Joe Murphy - was pleading guilty to possessing it.

Judge Olann Kelleher agreed at Cork District Court that it was a unique offence and he imposed a nine-month prison sentence on Murphy but suspended it on condition that the accused would comply with all of the directions of the probation service in addressing issues related to this offence.

“It is nine months subject to that. The probation service will bring the case back to court if you do not attend (the counselling required by the probation service),” Judge Kelleher said.

Joe Murphy was living at a flat at 26 Leitrim Street, Cork, at the time of the offence seven years ago.

The charge states that on March 1, 2014, he did knowingly have in his possession child pornography, to wit, a nine-page written story which depicted children engaged in sexual and incestuous acts contrary to Child Trafficking and Pornography Act 1998.

Sergeant Gearóid Davis said gardaí called to his flat on that date seven years ago as part of an investigation of an unrelated incident. No details were given in court on the nature of this investigation.

“He voluntarily handed over his mobile phone to assist in the investigation. As a normal part of the Garda enquiries they had the exhibit forensically examined. They recovered a nine-page PDF document from the phone. It was a written document and no images,” Sgt Davis said.

Judge Kelleher referred to the document as an essay or short story.

Mr Buttimer said the probation report on the accused was as comprehensive a report as he had ever read in a case.

Mr Buttimer said:

I have not come across a case of this kind. It is simply written material. It is somewhat unique. 

"I think you (the judge) will accept it is in the lower order of offensiveness and there are images of nobody, which I think should be mentioned.

“There is a programme of rehabilitation. This investigation has been a burden for him since 2014. It was detected nearly seven years ago and has been weighing on his mind. Mr Murphy assures me it has been very difficult for him to be in court.

“Quite rightly the DPP has decided on summary (district rather than circuit court) disposal. And nothing occurred of an offensive nature from 2014,” the solicitor said.

Sgt Davis added that Joe Murphy had no previous convictions of this nature.

Judge Kelleher said of the offence: “It is unusual and unique. It is essay form or short story with no images and no victims depicted.” The nine-month sentence was suspended on condition that the accused would cooperate with the probation service for the next two years.