Judge explains why he didn’t jail Limerick man over child sex abuse content found on phone
Judge Simon McAleese praises investigating gardai, Probation Service, prosecuting and defence legal teams and court staff
AT THE conclusion of the court case of a Limerick ex-soldier found with child sex abuse content on his phone, the presiding judge said people will probably say “how can you give someone who committed such an offence a suspended sentence, or anything equating to it?”
READ THE COURT CASE HERE: ‘Depraved’: Limerick ex-soldier found with child sexual abuse content after report by Snapchat
Judge Simon McAleese said child pornography is criminalised in order to prevent harm to children.
“If there wasn't a market for this type of pornography, then children wouldn't be abused for this purpose,” stressed Judge McAleese.
He said his sentencing is based on the fact that he doesn't see any advantage to the public to having the accused man - Cormac Browne, aged 23, of Camas, Newcastle West - incarcerated.
“I believe the self-inflicted damage that he brought upon himself, and unfortunately, the terrible damage that he inflicted on his family is something I have to take into account.
"As is the public humiliation and shame which I’m sure will be visited upon him. They are all self-inflicted,” said Judge McAleese, who described it as “an exceptional case”.
“I think it's fair to say the prosecution did not exhort me to impose an immediate custodial sentence, maybe I am misreading it.
“Certainly, Detective Garda Orlaith Ryan was exceptionally kind in the way in which she gave evidence and you should be very grateful to her and the prosecution for the decency they have shown,” said Judge McAleese.
The judge congratulated gardai for their “super work in this case”.
“It's a credit to them, it's the State at its best. It is terrible, difficult, harrowing work that has been done so well.
“I want to thank the Probation Service and court staff,” said Judge McAleese, who told Mr Browne he was very lucky to have Joseph McMahon as his barrister and Sarah Ryan as instructing solicitor.