Former Department of Justice official spared jail for possession of ...

Niall Colgan (39) was caught with indecent material on his phone when gardaí raided his house, a court heard.

The former press officer told detectives when they arrived that he had "never touched any child" and it was "all fantasy."

A "model citizen", Colgan had been working from home during Covid, experienced "isolation" and alcohol and cannabis had a part to play in his "downward spiral," his defence said.

Giving him a one-year suspended sentence at Dublin Circuit Criminal Court, Judge Martin Nolan said there were no aggravating factors and it would be "unjust to imprison this man."

Colgan pleaded guilty to possession of two videos and two images of child pornography at his home at Muckross Park, Perrystown, Dublin 12 on February 1, 2022.

He also admitted possession of around €300 worth of cannabis found in the same search.

Detective Garda Alan Young told prosecutor Tessa White BL that Colgan’s home was searched on foot of a warrant obtained by the Online Child Exploitation Unit.

Colgan was there alone at the time and after caution, said: “I have never touched any child, it’s all fantasy, photos of children were taken from Instagram and Tiktok.”

He also said: “I take responsibility for the weed on the table.”

Colgan’s partner returned home from work during the search.

Some 13 devices including Colgan’s iPhone were seized and the accused cooperated fully and provided PIN numbers. All the material was found on the iPhone.

The first video, lasting one minute 32 seconds, depicted a pre-teen female child whose genitals were exposed masturbating with what appeared to be curling tongs. The second, one minute nine second video had a male child under 10 and an older female performing sexual acts on him while his genitals were exposed.

One photo was of a pre-teen female child, the second was a teenage female child, both with their genitals exposed.

Det Gda Young said the videos were classed as “Category 1” as they involved sexual acts while the photos were “Category 2” as they were just exposure.

Colgan was later arrested, made no reply after caution when charged and said nothing of evidential value in interview. He had no previous convictions.

Questioned by defence barrister Ronan Kennedy SC, Det Gda Young agreed that at the time of the search, Colgan had been still at home working remotely as a result of the pandemic.

He permitted the gardaí to come in immediately “when he got over the shock” of them being at his door. His long-term partner was also “clearly shocked” and upset when she “found out what was going on.”

Gda Young agreed that the images and videos of children were found among an “extensive collection” of legal, adult heterosexual, gay and trans pornography.

The accused was “extremely upset and remorseful.”

He had been experiencing isolation from the pandemic, and alcohol and cannabis had a “significant part to play in Mr Colgan’s downward spiral,” Mr Kennedy said.

Colgan had been suspended from his job as a civil servant and later resigned voluntarily, Mr Kennedy said. He had subsequently returned to education, taking a TEFL course, and was doing some casual work.

“It’s clear he will never be able to return to employment in anything like where he was working before,” Mr Kennedy said.

Colgan was taking steps to “address his demons” including undergoing psychotherapy.

“He was essentially a model citizen prior to this and not on the garda radar in any shape or form,” Mr Kennedy said.

His parents and partner were shocked by what happened but were supportive and in court.

The case had been the subject of a lot of media coverage “due to his previous employment.” Colgan had been followed and confronted and the word “paedo” had been spray-painted on the gateposts of his family home.

His home and car insurers had “unilaterally terminated” his coverage and he was not driving as a result.

Colgan had not come to garda attention since the offence and the sex offenders register manager deemed him to be at low-risk of reoffending. Det Gda Young said he could not imagine Colgan would reoffend.

Judge Nolan said the material was “probably on the lower end of the scale” of what the court deals with.

Colgan “had a good position in life” before this, had lost it and was subject to “public odium and ridicule” as well as “some harassment, which is unlawful and shouldn’t have occurred,” the judge said.

The accused was unlikely to obtain similar employment again and was also unlikely to reoffend.

“There are no aggravating factors in this case and it would be unjust to imprison this man,” Judge Nolan said.

Colgan would be on the sex offenders register for a period of time, he added. The sentence was suspended for a year and the drugs charge was taken into consideration.