Clare man said online he was going to 'try' a 10-year-old girl while on holiday in Spain, court told
Liam Kelly, 45, of Mullagh in West Clare, leaving Ennis court house after pleading guilty to the possession of child pornography.
Spanish police intervened and met with a West Clare man after being alerted he said online 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 sexual abuse images.
Arising from the subsequent Garda investigation, Mr Kelly has now pleaded guilty at Ennis Circuit Court to the possession of three child pornography still images and one video at his West Clare home in May 2018.
Sergeant Claire Haugh of Ennis Garda Station told the court that at interview, Mr Kelly had denied viewing the images he had received online from a British national.
She said the images included individual naked girls, aged two to three, aged from three to four and aged five. Sgt Haugh said a video showed a nine- to 10-year-old girl "removing her underwear in a provocative manner”.
Sgt Haugh said Mr Kelly had said in a 2018 online chat he was sexually interested in girls aged from eight to 13.
An analysis of a laptop showed Mr Kelly was "involved in various chat-rooms that were indicative of a sexual interest in children”.
Sgt Haugh said Mr Kelly told gardaí that he was on such platforms “with a view to outing paedophiles”.
She said gardaí rejected this, as an analysis of the laptop seized showed Mr Kelly expressing a sexual interest in young children.
Counsel for the State, Lorcan Connolly BL, instructed by State Solicitor, Aisling Casey, said there were references to "paedo" or "ped" in the online chats.
Judge Francis Comerford described engagement with child pornography as “evil” and described Mr Kelly’s excuse 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 Mr Kelly and another man that resulted in the Spanish police intervention.
She said Mr Kelly told the user he was going to Spain the following day and referred to a 10-year-old child, and said: "I am going to try her."
Sgt Haugh said "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”.
The sergeant said South Wales police informed the gardaí through Interpol and the gardaí in turn contacted their Spanish counterparts, who met with Mr 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 the online chat between Mr Kelly and the man from the UK comprised 153 messages discussing sexual activity with young girls.
She said while Mr Kelly was in Spain, Detective Garda John Casey of Ennis Garda Station secured a search warrant in court to search Mr Kelly’s home at Mullagh.
Counsel for the State Mr Connolly said an analysis of a laptop at the home did not yield any child sexual abuse images "but showed the user involved in various chatrooms that were indicative of a sexual interest in children”.
Mr Connolly said in one online chat, there was evidence of 32 users online simultaneously and Mr 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 Mr Kelly had were “indicative of sharing thoughts and views and encouraging an interest in paedophilia”.
Counsel for Mr Kelly, Bernard Madden SC, instructed by solicitor John Casey, described his client as “a family man” and there was no evidence of financial gain out of this and no history of violence.
Mr Madden said since the images were discovered six years ago, Mr Kelly had not come to Garda attention.
Mr Madden asked that Mr Kelly be further remanded on bail to allow him receive therapeutic treatment.
Judge Comerford acceded to the application "with no promises” and warned if Mr Kelly did not avail of treatment “he will be going to jail. It is as simple as that.”
The judge noted Mr Kelly had 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 Mr Kelly’s children that publication of his name would have.
Judge Comerford said identification was part of the deterrent effect against such offences.
"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 Mr Kelly on continuing bail and the case will be mentioned again on March 8 at Ennis Circuit Court.
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