Former Ministry of Justice official guilty of possessing child abuse material avoids jail – The Irish Times

A former civil servant who admitted possessing child pornography has been given a fully suspended prison sentence.

Niall Colgan, 39, cautiously told gardaí when they arrived to search his home in February 2022 that he has “never touched children, it’s all fantasy and the pictures of children are from TikTok and Instagram”.

Colgan, of Muckross Park, Perrystown, Dublin 12, pleaded guilty to one charge of possessing child pornography in the form of two indecent videos and two indecent images of children at his home address on February 1, 2022.

He has no previous convictions and has not come to Garda attention since this incident.

The court heard that Colgan was suspended from his role as a public servant when his offending came to light and has since resigned from his position. Colgan previously worked in the Justice Department’s press office.

On Tuesday, Dublin Circuit Criminal Court heard that Colgan was followed twice after leaving the Criminal Courts of Justice building and that the word ‘pedo’ was also spray-painted on the wall of his family home.

Judge Martin Nolan noted that the possession of child pornography is a “serious matter” but said the amount of material in this case is “probably at the lower end of what the court is dealing with”.

He said Colgan was in a “good position in life” before this offense and had been subjected to “public odium”, ridicule and some form of intimidation, which was “unlawful and should not have happened”.

Imposing the sentence, Judge Nolan said the court is of the opinion that Colgan is unlikely to reoffend in the future “to a significant extent” based on his previous good character. He noted that Colgan continues to have the support of his family and has received relevant services and assistance.

He imposed a one-year prison sentence on Colgan, fully suspended, subject to strict conditions. He also noted that Colgan will be on the sex offenders register for a period of five years.

Det Gda Alan Young told prosecutor Tessa White BL that Colgan’s address was searched on the evening of February 1, 2022. Gardaí had obtained a search warrant for the property based on information from the online Child Exploitation Unit.

A number of devices, including an iPhone, were seized during the search. Colgan admitted he owned the phone and provided the password.

The child pornography material was found after analyzing the iPhone.

The court heard the first video was 1 minute and 32 seconds long and depicted material of a pre-teen girl and a boy who appeared to be under 10 years old, which were considered category one, while the two images, one of a pre-teen -teenage girl and the other with a teenage girl, were placed in category two.

Gardaí also found a small quantity of cannabis, worth approximately €300, on a table in the sitting room during the search, which Colgan took responsibility for.

Colgan later went to the Garda station by appointment. He was cooperative during the interview, was remorseful and exercised his right to remain silent on certain matters during interviews.

Det Gda Young agreed with Ronan Kennedy SC, defending that Colgan was working remotely from home at the time of the search.

The witness agreed that Colgan made certain admissions out of an abundance of caution and co-operated with gardaí during the search and investigation.

It was further accepted that the child abuse material was only found on one device seized, namely Colgan’s personal phone.

Mr Kennedy told the witness the material was found in an ‘extensive collection’ of adult pornography, which was accepted.

It was agreed that Colgan complied with his bail conditions.

Mr Kennedy told the court his client had been diagnosed with anxiety, depression and panic attacks. A number of reports have been submitted to the court.

Colgan does temporary work and follows education.

The witness accepted Mr Kennedy’s suggestion that Colgan is unlikely to return to the type of work he had before his offending came to light.

The court heard Colgan has attended individual and group therapy. A number of reports have been submitted to the court. His partner and parents were in court to support him.

Det Gda Young accepted the defense suggestion that “isolation due to the pandemic and excessive use of alcohol and cannabis would play a significant role in his client’s downward spiral”.

It was further agreed that this case had been the subject of some media attention and social media posts and that the word ‘pedo’ was spray-painted on Colgan’s house on February 19 last, the day he entered his guilty plea.

Counsel told the court that Colgan’s insurance company canceled his home and car insurance after this attack. Colgan has since been able to find alternative home coverage, but does not drive because he has no insurance.

The court heard Colgan is at low risk of reoffending.