Man jailed for possession and distribution of child sexual abuse material

This article contains references to child sexual abuse. Reader discretion is advised.

By Sonya McLean

A man who was caught with videos of child sex abuse has been sentenced to three years and six months for both possession and distribution of the material.

Murilo Dos Santos (36) of North Circular Road, Dublin 1, pleaded guilty at Dublin Circuit Criminal Court to possession of images of child sexual abuse, known in law as child pornography, and to distribution of the material on dates between November 18, 2020 and January 2021. He has no previous convictions.

Sentencing on Friday, Judge Orla Crowe said Dos Santos had played an active role in the distribution and that it was an inherently serious matter which had to marked with a custodial sentence.

She said some of the children were “very, very young”  and the damage done was incalculable. She noted a psychological report stated he had a high risk of recidivism.

Judge Crowe sentenced him to three years and six months with the final nine months suspended to incentivise rehabilitation, on strict conditions.

Detective Garda Donagh Mannix previously told prosecuting counsel at a hearing last July, that the then home of Dos Santos, in Christchurch in Dublin city, was searched in connection to an unrelated matter and his phone was seized as part of that investigation.

The phone was subsequently analysed and 66 videos were found which were considered to be in contravention of the Child Trafficking and Pornography Act. Dos Santos shared various videos with six other people on dates between October 2020 and November 2020.

Det Gda Mannix gave a description of one of these particularly graphic videos which involved a child estimated to be between six and 12 months old. The child was strapped down and unable to move in the footage. This video was five minutes long.

The detective outlined further videos of children, most aged between eight and 12-years-old, either involved in sexual activity with each other or sometimes sexual activity with an adult male.

There were also more videos involving younger children, described by Det Gda Mannix as toddlers.

Gardaí also discovered that Dos Santos was using a sharing app which allowed him to share and receive links from others. The analysis showed that he was using one sharing app between September 2020 and October 2020.

Det Gda Mannix said there were a number of files shared in this application, mainly videos which were of a similarly graphic nature to the others found on the defendant’s phone.

A Whatsapp account had also been created and gardaí were able to recover conversations between Dos Santos and others, with Dos Santos sharing a link to a folder termed – a MEGA folder. He also told the other users where he lived in Dublin, shared a photograph of his own face and suggested meeting up.

Det Gda Mannix outlined that a large number of videos were sent – this time involving children between 10 and 14 years old, again engaged in sexual activity.

The court heard extracts from conversations between various people and Dos Santos including him stating that he had more and they could be sent on later.

Dos Santos also used a chat application for chat and file sharing. The court heard more extracts from conversations Dos Santos had on this app.

The conversations included chat about “what are you into?” and what “kind of stuff” they could get and share before further videos of child abuse material was shared.

Det Gda Mannix agreed with Dara Foynes SC, defending, that no one else who conversed with Dos Santos in these apps has been prosecuted.

He further agreed that her client was easily identifiable in that he sent a photograph of himself and mentioned where he lived. It was accepted that no person engaging with Dos Santos shared such information.

Det Gda Mannix agreed that this was a sub culture – on the “margins of what is deemed normal society”.

It was further accepted that at one point during his interview, Dos Santos suggested to gardaí that he was accessing this material because he was “acting in the capacity of a vigilante”.

It was acknowledged that he was “teetering on the brink of serious self harm” and that he has not come to any adverse garda attention since.

She acknowledged that it was “a very shocking offence” that has “weighed very heavily on my client”, counsel said, before adding that Dos Santos had blocked his ears during some of the evidence in court, such was the level of his shame and remorse.

Ms Foynes said it was an offence that is “very difficult to comprehend” adding that the sharing of such material in this sub-culture is “heinous”.

She said Dos Santos has been in Ireland for 16 years and financially supports his mother.

At a hearing earlier this week, Ms Foynes told the court that she was incorrect when she said at the previous hearing that Dos Santos was “acting in the capacity of a vigilante”.

She confirmed that there was “nothing in the book of evidence” to this effect and it was “not said by my client to gardaí”.

Ms Foynes said that the psychologist report that is now before the courts outlined that Dos Santos now has “insight into his behaviour” and understands that it was morally wrong. He also acknowledges the “significant distress” that would have been caused to the children involved.

Counsel asked the court to accept her client’s plea of guilty and positive work ethic.