Woman whose iPhone contained hammer attack images applies to court for its return

The videos were played at the sentencing hearing of  Ian Horgan’s who was convicted of carrying out the attacks

Det. Garda Harrington said he seized the phone from Laura O’Callaghan when she was sitting at a table outside a pub in Cork City centre. File picture

A woman whose iPhone contained brutal images of the victim of a hammer attack to the head and a video of the attacker washing blood from his hands to the tune of “Lovely Day” applied in court to have the phone given back to her on Friday.

Detective Garda Padraig Harrington said the State was opposed to the phone being returned to her because of concerns that the disturbing images of the man who was seriously assaulted and his mother who was also attacked in the same incident would end up online causing further distress to the victims.

It was not suggested that the owner of the phone, 48-year-old Laura O’Callaghan of Salmon Weir, Hanover Street, Cork, would post the videos online if they were accessible but that the material might become available for another person to do so.

Laura O’Callaghan agreed with Judge Mary Dorgan during Friday’s police property application that the videos were terrible but she said: “It was nothing to do with me.” And she said it was not her fault that the material was sent to her phone by Ian Horgan who was convicted of carrying out the attacks. 

There was evidence that Mr Horgan was in a relationship with Ms O’Callaghan’s daughter, Clarice, at the time of the attacks at MacCurtain Villas, College Road, Cork, on March 26, 2022. Neither woman was ever charged for any offence arising out of the investigation of Ian Horgan’s attack.

Det. Garda Harrington said he seized the phone from Laura O’Callaghan when she was sitting at a table outside a pub in Cork City centre on August 8, 2022. The videos were played at Ian Horgan’s sentencing hearing.

Factory settings

Diarmuid Kelleher, solicitor, said the phone could be returned to factory settings and returned to Laura O’Callaghan and this would make it impossible to access the videos that were sent to her phone. 

Det. Garda Harrington said his information from garda computer experts was that with certain computer software it might be possible to retrieve digital material even after a phone had been returned to factory settings. 

For evidence on that issue, Judge Dorgan adjourned the application for the return of the phone from gardaí to October 18.

Garda concerns

During Friday’s application, Det. Garda Harrington said: “These recordings are sensitive and if the phone was returned to the applicant it is feared that they could be placed on social media or shared with others. 

"This would cause great distress to the injured parties. Gardaí wish to have the phone forfeited to the State so it can be destroyed.” 

40-year-old Ian Horgan, of no fixed address and formerly of The Hermitage, Macroom, Co Cork, is serving 11 years and three months in prison for the attacks. Convictions from much earlier in his life include counts for rape and unlawful killing.