Almost 200 child pornography images found on man’s laptop
A total of 198 images were recovered from the accused’s laptop
A 54-YEAR-old man who pleaded guilty to possession of sexually explicit material featuring minors has been remanded on continuing bail after a judge indicated that she required further time to consider the case.
Brian FitzGerald, Portrushen Upper, Kiltegan, Rathvilly appeared before Carlow Circuit Court in an sitting charged with possession of images of child pornography contrary to section 6 of the Child Trafficking and Pornography Act.
The court heard that Mr FitzGerald arrived voluntarily at a garda station on 7 April 2019, where he handed over a Dell laptop and a phone of his. He provided usernames and passcodes to all of his accounts and devices and was advised that he was free to leave at any time. He was subsequently arrested on 30 June 2023 by Det McEvoy under section 4 of the , during which he made no admissions.
Det Hanlon of the Garda National Cyber Crime Bureau (GNCCB) compiled a report following analysis of the seized items. A total of 198 images were recovered from the accused’s laptop, comprised of 91 ‘category one’ images, defined as sexually explicit images of children under 18, and 107 ‘category two’ images, where the genital or anal region is exposed.
A representative sample was compiled for the report, including several images of an adult male engaging in sexual acts with pubescent children and one image where an infant child was involved.
Under cross-examination by defence barrister Tara Geoghegan, Garda O’Brien confirmed there was no evidence that Mr FitzGerald had shared or circulated any of the material. The garda also confirmed that Mr FitzGerald’s guilty plea, entered on 15 July 2025, was of value and that he had assisted in the investigation to the best of his ability.
In mitigation, Ms Geoghegan told the court that a probation report dated 17 February 2026 indicated that the material had been downloaded in early 2019 and viewed approximately a month later and downloaded on one further occasion. Mr FitzGerald subsequently deleted the material, not realising it remained accessible on the device.
In mitigation, counsel outlined that her client had endured a difficult early life, having lost his father when he was ten years’ old amid financial strain. The court heard that he is the father of two children and was in a long-term relationship for over 20 years.
Ms Geoghegan submitted that the breakdown of that relationship led to a significant deterioration in his mental health and a reliance on alcohol, and that the offending occurred around that period.
The probation report identified alcohol abuse as a significant contributing factor.
Mr FitzGerald also suffered the loss of a son, which counsel said, had further impacted on his mental health.
The probation report described Mr FitzGerald as remorseful and reflective, with “a pro-social attitude” and a “good work history”. He was assessed as being in the low category of reoffending risk and the probation services had indicated there was “scope for further engagement to address identified risk factors”.
Ms Geoghegan cited in the Court of Appeal, where Judge Fennelly held that a non-custodial sentence should be considered where an accused had assisted gardaí and pleaded guilty. She asked the court to exercise leniency and requested that counselling and continued engagement with the probation services be considered in lieu of a custodial sentence.
Judge Mary Morrissey said she wished to take time to consider all reports and the plea in mitigation and adjourned the matter to tomorrow (Wednesday) for finalisation of sentencing. Mr FitzGerald was remanded on continuing bail.
