Guilty plea  | 

Gardai seeking missing man found child pornography on disc belonging to him, court hears

Judge Treasa Kelly ordered a probation report and adjourned the case at Dublin District Court.
Bryan Kennedy. Photo: Paddy Cummins

Bryan Kennedy. Photo: Paddy Cummins

Andrew Phelan

GARDAI investigating a missing persons case discovered child pornography on a disc among the disappeared man’s belongings.

Officers found the six images as they went through possessions handed over by a concerned family member during the search, a court heard.

The man, Bryan Kennedy (34), who was eventually located, had copied and pasted the images years earlier in a “momentary lapse” that he could not explain.

Judge Treasa Kelly ordered a probation report and adjourned the case at Dublin District Court.

Kennedy, of Shanliss Avenue, Santry, pleaded guilty to possession of child pornography at an unknown place on an unknown date between September 2009 and January 2020.

The DPP consented to the case being heard in the district court subject to the judge considering the issue of jurisdiction.

The court heard the material was on a disc belonging to the accused and consisted of six images. One depicted a young female engaging in sexual activity with an adult male. The other five images were of young children with their genitals exposed.

Judge Kelly accepted jurisdiction to deal with the case in the district court after hearing the outline of evidence.

The court heard the gardai came into possession of the disc when Kennedy went missing in early 2020. A family member handed in a number of possessions including a CD. When gardai went through the CD, they found the images on the disc, labelled “young.”

Kennedy made full admissions to possession of the images. A number of his mobile phones and laptops were also examined but nothing else was found on them.

The images dated back “a long period of time” to 2009, which was when the last edit was made on the disc.

This was an isolated incident, defence solicitor Andrew Broderick said. It was a momentary lapse and Kennedy was not sure why he did it but he was “now repenting.”

The accused had been in his early 20s at the time and “much more naïve.”

“He understands it was completely inappropriate to put a search like that into the internet and copy and paste it onto a disc,” Mr Broderick said.

Kennedy was on social welfare and was a carer for his ex-partner, but got no money from the State for that.

Judge Kelly said it was to the accused’s credit that he pleaded guilty at the earliest opportunity.

She took account of the fact that the offence was a long time ago and he had not come to garda attention again.

She said the court would be more reassured if there were a probation report and adjourned the case for this, to a date next February.

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