Sex offender had child abuse material in his possession

By Sonya McLean

A convicted sex offender had child abuse material in his possession, including a video of the rape of a child, a court has heard.

Patrick Flynn (60) of Sarah Place, Islandbridge, Dublin 8, pleaded guilty at Dublin Circuit Criminal Court to having child pornography at his home in June 2020.

He has one previous conviction for sexual assault of a woman in June 2018, which was dealt with in the District Court.

Detective Sergeant Elaine Murtagh told Maddie Grant BL prosecuting that gardaí were provided with information from the National Centre for Missing and Exploited Children in the US that there was suspicious activity on certain online platforms and social media apps.

A video of child abuse material was uploaded to Facebook Messenger on January 24, 2020.

The number associated with the account led gardaí to Flynn, and a warrant was obtained to search his home the following June.

Flynn opened the door to gardaí and informed them, by way of presenting a card, that he had an intellectual disability.

He agreed that it was his Facebook account and provided the password.

Flynn told officers that he didn’t have a sexual interest in children.

Further analysis of his phone revealed three images of child abuse material, which were in category one – the highest grade in terms of the gravity of such images and two images in the category below that.

Gardaí also found five videos in the same level one category.

A further 18 videos were also discovered – including a screen recording of the uploading of the video, which had initiated the investigation the previous January. 

This video showed the rape of a child.

Flynn was arrested again following the analysis of his phones and while Det Sgt Murtagh said he “did a lot of apologising” he said the images had just come onto to his phone and he had deleted them.

The detective said this was “patently untrue”.

She said there was a specialist garda present during the interview due to Flynn’s intellectual disability.

She said he showed “a lack of appreciation for the impact and seriousness of the offences”.

Det Sgt Murtagh agreed with Kathleen Leader, SC, defending, that Flynn had limited insight into his offending “because of the way he is”.

Ms Leader said her client has a mild to moderate learning disability. She said he attended a special school and is able to read and write.

When asked by Judge Martin Nolan what she had to say about his previous conviction, Ms Leader acknowledged that “it is worrying”.

She said her client has not come to garda attention since and he is very scared of coming to court.

Ms Leader submitted that a report from the Probation Services indicated that they are willing to supervise Flynn and he is willing to work with them.

Judge Nolan noted Flynn’s previous conviction is relevant, but said he has a intellectual disability and lived a “reclusive life”.

He said the court had considered if it would be just in the circumstances of the case and in light of Flynn’s personal circumstances to impose a custodial sentence.

“It seems it would be unfair and unjust to imprison such a man,” the judge said, nothing that Flynn has “serious deficiencies” and intellectual and physical difficulties.

He imposed a two-year prison sentence suspended in full on strict conditions, including that Flynn place himself under the supervision of the Probation Services for one year.