A Portadown man who possessed a plethora of distressing child sex images and videos on his phone – including one of a female toddler being raped – has walked free from court.
Gerald Malone, of Tandragee Road, was sentenced at Craigavon Crown Court on Monday for making and possessing a total of 77 indecent videos and images of children.
The 28-year-old was caught after his phone was seized when he attended Lurgan police station in relation to a completely unrelated matter on August 26, 2022.
It wasn’t until March 29, last year, when the analysis of his forensic examined phone returned the “repugnant” results, that he was arrested.
Analysis of his mobile revealed that there were seven Category A images and 26 Category A videos; 12 Category B images and nine Category B videos; 15 Category C images, and eight Category C videos.
Her Honour Judge McColgan KC noted that there were videos of children under 12 years of age being orally raped by adults, and a naked female toddler being raped by an adult.
At interview, Malone accepted that he’d been using a website where he paid for naked images and videos of women.
He claimed that he had never searched for, or paid for, indecent images of children, however, he would occasionally be sent such images.
Malone further claimed that he would have deleted these images within two hours, but accepted that he did not report this on and may have viewed images in their entirety, and on one occasion, more than once.
Malone initially pleaded not guilty at arraignment but then admitted to the offences he was sentenced for.
Judge McColgan KC said an “assault on babies, or very young children, are particularly repugnant because of the fear or distress that they may have induced in the victim….” and “…for every photograph, it is trite to say that there is an abused child”.
She added: “For many of the persons who appear before the court they seem to self excuse on the basis that the abuse has already taken place; the photograph has been taken and therefore is an event passed.
“This, of course, is distorted thinking. By virtue of involvement in this trade, it ensures that abuse will continue, and such materials exist because there is a market for it. That is why severe and deterrent sentences are required in respect of offences of this kind.”
In mitigation, Malone’s defence barrister, Damien Halleron BL, alluded to his client’s “clear record and previous good character” as well as his “expressions of disgust and remorse,” despite being classed as being at medium likelihood of re-offending.
Mr Halleron said the defendant did not distribute the images and “has now conceded that he was consuming a large quantity of alcohol and drugs during the material time”.
In passing sentence, Judge McColgan said the custody threshold had been passed, but that she believed Malone could benefit from the assistance of Probation.
Malone, spared a prison sentence, was ordered to carry out 80 hours of Community Service and was placed on Probation for two years.
He was also handed a Sexual Offences Prevention Order for five years.
