A Nigerian man, who pleaded guilty to possession of the most extreme category of child sex abuse material, has been spared jail.
The Circuit Criminal Court heard that Google Corp. contacted a US-based child protection agency, which in turn contacted An Garda Síochána in March of 2019, after it became aware that images of child sex abuse had been uploaded to the Cloud.
Austin Odibei (49), of Milford Manor Avenue, Clondalkin, Dublin 22, who initially took a trial date but later indicated a plea of guilty, was identified after a phone number was linked to a Gmail address belonging to him.
A Garda investigation located an address in the Clondalkin area where the accused resided with his wife and two children.
Several devices were seized during a search of the property, including a digital camera located “hidden” in a hot press and a phone belonging to the accused.
When specialist Gardaí examined the camera and phone, they discovered 11 videos and 2 images of child sexual abuse.
The court heard that the camera contained five Category 1 (the most extreme) child sexual abuse material, which depicted children engaged in or witnessing “explicit sexual activity”.
It also contained eight category 2 images, which depicted children with their anal or genital region exposed.
The accused’s mobile phone contained two Category 1 video files, one of which was 4 minutes and 35 seconds in length, with the other file 2 minutes and 25 seconds in length.
Kieran Kelly BL, defending, argued that his client had no convictions at the time of his offending, although he has since accrued convictions for road traffic offences.
He claimed that a third party had sent him the files and that he was “taking responsibility as head of the household”, although prosecuting Gardaí argued that the files had been uploaded to the Google cloud from his personal device.
The court heard that Odibei is in employment, and has worked in the hospitality sector all his life, but is now working in kitchens to avoid direct contact with the public.
His wife was also initially charged in relation to the offending material; however, a nolle prosequi was entered in respect of this by the Director of Public Prosecutions.
Having grown up in Nigeria, he moved to the UK “in search of a better life” before coming to Ireland after meeting his wife, Mr Kelly argued.
Judge Crowe noted that Odibei’s guilty plea was “very, very late,” adding that the contents of a letter of apology submitted to the court did not seem to take account of the harm done to the children depicted in the sexual abuse material.
She called the letter “a curious thing”, saying it was “entirely misdirected” and showed that the accused was “sorry for his wrongdoing instead of remorse for the victims”.
The court also stated that an offer of €1,000 in reparation for the offending made by the accused was “not in any way appropriate to the matter”.
Judge Crowe said that the “harm and evils of child pornography are the subject of utter revulsion in all societies all over the world. ”
Notwithstanding this, she noted the “relatively small amount” in this case, “compared to other cases that come before the courts”.
A headline sentence of two years was set before this was reduced to an actual sentence of 18 months, which was suspended in full of condition of good behaviour for a “deliberately long” period of three years from today’s date.
A destruction order for the phone and digital camera was granted to the State.