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Retired garda loses appeal against child abuse videos conviction
Summary
Joseph O'Connor, a 58‑year‑old retired Garda from west Dublin, was convicted of possessing child pornography. He pleaded not guilty to five counts of possession of images and videos of children being sexually abused, which were found on his laptop in the "recycle bin" and included boys as young as ten and under 17. O'Connor denied ever seeing or downloading the material, claiming a man who had visited his home days before the laptop was seized had made false allegations and "corrupted" his computer. He was acquitted on one count but found guilty on the remaining four by a jury and sentenced to two years' imprisonment on 15 February 2019. He appealed the conviction, arguing the search was unlawful because it was based on an assault allegation that the Gardaí did not believe. The Court of Appeal dismissed the appeal, affirming the conviction and the legality of the search and warrant.
Who, what, where, when and why
What: Report matter: Retired garda loses appeal against child abuse videos conviction. Charges or matters: five counts of possessing child pornography at his home on dates between July 30 and August 2, 2011. Procedural stage: appeal. Findings: Acquitted
When:
- July 30 Incident
- August 2, 2011 Incident
- August 2011 Incident
- February 15, 2019 Hearing Or Sentence
- 2020-01-28 Publication
Why: However, the argument the defence wished to advance was "all but unstateable" because the witness did not seem to have admissible evidence to offer, the judge said. Defence account reported by CNI
Case subjects
Defendant
Charges: five counts of possessing child pornography at his home on dates between July 30 and August 2, 2011 (Alleged Or Contested)
Plea: Not guilty
Finding: Acquitted
Outcome: Acquitted; He was acquitted on one count, but found guilty on all other counts by a jury, before being sentenced to two years imprisonment by Judge Elma Sheahan on February 15, 2019.
Places mentioned
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