A Midlands factory worker faces jail after he was found with images and videos featuring the sexual abuse of young children, including a nine-month-old baby, on his phone.
Josh Fitzpatrick (25), with an address at Forgney, Moyvore, Co Westmeath, was remanded in custody by Judge Keenan Johnson at Mullingar Circuit Criminal Court on Tuesday evening.
Fitzpatrick pleaded guilty to possessing 98 images and 55 videos of downloaded child pornography on February 10th, 2023.
Revoking his bail, Judge Johnson highlighted it was an aggravating factor that Fitzpatrick paid for some of the material. A custodial sentence should be expected, he added, because it was “contributing to this vile and disgusting industry”.
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The accused was remanded in custody pending a sentence hearing in November.
Det Garda John Divilly told the court the accused was arrested as a passenger in another car during a suspected drugs seizure. However, it was clarified that he was never charged with any drug offence.
However, while in Garda custody, he handed over his mobile phone, along with the pin to access its contents.
The detective agreed with prosecutor Cathal Ó Braonáin BL, instructed by State solicitor Matt Shaw, that there were 53 pictures and 18 videos on the phone’s internal memory, and a further 45 images and 37 videos on its memory card.
The court heard the graphic material showed children, mainly aged from two to 13 years, engaged in sexual acts and being abused by adults.
Defence counsel Shane Geraghty asked the judge to consider that the number of images and videos was not as high as those frequently featured in similar cases, which sometimes number in the hundreds or thousands. However, Judge Johnson focused on the fact the accused sometimes paid for the material, and his counsel was instructed that it happened twice, with Fitzpatrick paying a total of €50. There was no allegation he distributed the pictures or footage.
In mitigation, Mr Geraghty asked the judge to consider that the accused had come forward with a signed plea from the District Court. It had refused jurisdiction to deal with the case and sent it to the higher court, with greater sentencing powers.
He had also volunteered the pin for his phone, which led to the discovery of the material.
Addressing the accused’s background, counsel said Fitzpatrick had endured a tumultuous upbringing and was subjected to violence at an early age. He developed an eating disorder, then turned to abusing cannabis at 14, and later moved into a house full of drug users.
He did not address the court.
His barrister also stressed that Fitzpatrick was 23 at the time, and although he had reached adulthood, his adult maturity had not yet been fully developed by turning 18.
The judge acknowledged that point, stating that experts now contend maturity comes at about 25 years.
