Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Sasko Lazarov/Rollingnews.ie

Former juvenile home worker (51) gets suspended sentence for possession of child pornography

Gardaí recovered a laptop containing 24 images and 13 DVDs from the home of Philip Devereux.

A FORMER WORKER at a juvenile residential unit has been given a suspended sentence for possession of child pornography.

Philip Devereux (51) was tracked through his email address after the Toronto Police Department passed on information to Interpol relating to individuals who had bought DVDs from a Canadian company involved in the distribution of child pornography.

Devereux, of St Michan’s House, Greek Street, Dublin, pleaded guilty to two counts of possession of child pornography at his home on 9 January 2013. He has no previous convictions.

Dublin Circuit Criminal Court heard gardaí recovered a laptop containing 24 images, a floppy disk containing six child sex stories and 13 DVDs containing images of nude or partially nude pre-pubescent boys.

Judge Martin Nolan said he accepted the quantity of images in this investigation was not too great but said it was nevertheless a serious case.

He noted that Devereux had pleaded guilty, co-operated with the gardaí and handed over his devices and passwords. He said Devereux had no prior record and had taken steps to address his problem.

The judge took into account a psychologist’s report, as well as Devereux’s strong work history and support from some members of his family.

Judge Nolan noted the case had been “hanging over” Devereux, as it had been delayed by a lack of resources to deal with the “avalanche” of material to be analysed at the Garda National Cyber Crime Bureau (GNCCB).

He said the higher courts had given direction that in a case where an accused person had no criminal record and there was no distribution or other aggravating factors, then a non-custodial sentence should be considered.

Judge Nolan said in relation to Devereux he did not feel a custodial sentence was justified. He imposed a two and a half year sentence which he suspended in full.

Garda Shane Connolly told Sinead McGrath BL, prosecuting, that gardaí received confidential information via Interpol in relation to names, addresses and invoices relating to individuals who had bought DVDs from a Canadian company involved in the distribution of child pornography.

Gardaí traced Devereux through his email address which was listed as having ordered material.

During a search carried out at Devereux’s home in January 2013, he admitted having accessed child pornography on the internet and gave gardaí an overview of his internet use, as well as his email passwords. Gardaí seized electronic media storage, a laptop and DVDs.

The items were passed to the GNCCB and analysed there in 2017.

The material fell into two categories – category one involving pre-pubescent boys witnessing or involved in explicit sexual activity and category two involving boys with their genital or anal area exposed.

Garda Connolly said the laptop contained 24 illegal images, 19 of which fell into category one and five which fell into category two. The images on the 13 DVDs all fell into category two, while six child sex stories found on a floppy disk fell into category one.

Devereux was arrested by appointment in March 2017.

Garda Connolly agreed with Bernard Condon SC, defending, that his client had been proactive in presenting himself to gardaí in relation to the sex offenders register. He agreed that it had taken four years to have the equipment analysed by gardaí, saying there was a “large backlog” of material at that office.

Condon said that it had been a number of years since the offending, that Devereux had not come to any further Garda attention and had been making efforts to rehabilitate.

He handed in a number of letters and a psychologist’s report which outlined matters including that Devereux had some difficulties in his personal development in identifying his sexuality. He has been attending counselling and has support from some members of his family.

Condon said his client had been in employment all his life and at the time had been working at a residential unit. He said Devereux had been suspended from work without pay.

He asked the court to take into account that the conviction would have very significant consequences for his client and would be a mark on him forever.

View 36 comments
Close
36 Comments
This is YOUR comments community. Stay civil, stay constructive, stay on topic. Please familiarise yourself with our comments policy here before taking part.
Leave a Comment
    Install the app to use these features.
    Mute Dj
    Favourite Dj
    Report
    May 10th 2018, 10:33 PM

    So all that hard work by the Toronto Police department, Interpol and the Gardaí which resulted in a suspended sentence handed down by Judge Martin Nolan. *Sigh*

    373
    Install the app to use these features.
    Mute John Dman
    Favourite John Dman
    Report
    May 10th 2018, 10:35 PM

    @Dj: the man needs investigating!

    168
    Install the app to use these features.
    Mute Gus Sheridan
    Favourite Gus Sheridan
    Report
    May 10th 2018, 10:41 PM

    @Dj: Nolan screws justice up again. This guy would have got jail if he was in the UK. Time to look at new ways of appointing judges

    161
    See 3 more replies ▾
    Install the app to use these features.
    Mute Ciarán Masterson
    Favourite Ciarán Masterson
    Report
    May 10th 2018, 11:04 PM

    @Dj:

    Look on the bright side – at least Devereaux is legally barred from working with people under 18 years of age. Therefore, the Toronto cops’ effort wasn’t for nothing.

    25
    Install the app to use these features.
    Mute The Hoodedman
    Favourite The Hoodedman
    Report
    May 10th 2018, 11:17 PM

    @Dj: This is for Judge Nolan, grow a pair you sack of sh ite

    63
    Install the app to use these features.
    Mute Margaret Mcgarry
    Favourite Margaret Mcgarry
    Report
    May 11th 2018, 12:23 PM

    @Dj: what are we not getting, why suspended ??

    5
    Install the app to use these features.
    Mute John Dman
    Favourite John Dman
    Report
    May 10th 2018, 10:34 PM

    As soon as I read the headline, I knew Martin Nolan would be the f^ckin judge!

    213
    Install the app to use these features.
    Mute shanekeogh
    Favourite shanekeogh
    Report
    May 10th 2018, 10:42 PM

    @John Dman: same here, is he getting back handers?

    94
    Install the app to use these features.
    Mute Radioska
    Favourite Radioska
    Report
    May 11th 2018, 12:26 AM

    @shanekeogh: maybe reach arounds?

    59
    Install the app to use these features.
    Mute Walt Gumball
    Favourite Walt Gumball
    Report
    May 10th 2018, 10:38 PM

    Makes you wonder what this lot would have done before the advent of the internet – does the availability of online content create these monsters or contain these monsters….

    110
    Install the app to use these features.
    Mute Bearded Grump
    Favourite Bearded Grump
    Report
    May 10th 2018, 11:42 PM

    @Walt Gumball: That is an exceptionally good question.

    45
    Install the app to use these features.
    Mute Marcus Massey
    Favourite Marcus Massey
    Report
    May 11th 2018, 12:09 AM

    @Walt Gumball: That’ll challenge me all day now. Never considered that.

    20
    See 1 more reply ▾
    Install the app to use these features.
    Mute Cian O Donoghue
    Favourite Cian O Donoghue
    Report
    May 11th 2018, 2:37 PM

    @Walt Gumball: Thats a damn good question……

    1
    Install the app to use these features.
    Mute Siobhán Ni Mhurchú
    Favourite Siobhán Ni Mhurchú
    Report
    May 10th 2018, 11:08 PM

    It would mark him forever? What about the abused kids he was drooling over ..there’s never a thought for the victims at all in these sentences ..

    101
    Install the app to use these features.
    Mute Deborah Behan
    Favourite Deborah Behan
    Report
    May 11th 2018, 10:35 AM

    @Siobhán Ni Mhurchú: I wonder if we heard testimony from each of these boys and what the abuse did to them so some basterd could sell videos to s(um like this lad so he can get his jollies, would Nolan say it was at the lower end of the scale? As far as I’m concerned he’s as guilty as the men who abused those boys. This is not the first time Nolan has gone easy on sexual predators he must sympathize with them.

    27
    Install the app to use these features.
    Mute Pearse Mc Mullen
    Favourite Pearse Mc Mullen
    Report
    May 10th 2018, 10:46 PM

    Judge Martin Nolan is an Ex Garda you would expect him to be tougher than most and he is the complete opposite.
    He should be feared as a judge, not looked forward to by every miscreant in the system who has the good fortune to come before him

    123
    Install the app to use these features.
    Mute Ciarán Masterson
    Favourite Ciarán Masterson
    Report
    May 10th 2018, 11:06 PM

    @Pearse Mc Mullen:

    He handed down substantial sentences in the most recently concluded of the Anglo Irish Bank cases.

    12
    Install the app to use these features.
    Mute Peggy Gordon
    Favourite Peggy Gordon
    Report
    May 10th 2018, 11:37 PM

    It is the likes of him that contributes to child pornography,where little children are kidnapped and used to make these vile videos.there was a judge up for this not long ago and got away with it too,there I rest my case.

    67
    Install the app to use these features.
    Mute Ciarán Masterson
    Favourite Ciarán Masterson
    Report
    May 11th 2018, 12:01 AM

    @Peggy Gordon:

    The material was already online when he sought it.

    5
    Install the app to use these features.
    Mute Radioska
    Favourite Radioska
    Report
    May 11th 2018, 12:34 AM

    @Ciarán Masterson: Hello Ciaran Masterson, child pornography is illegal and absolutely wrong whether it’s “already on line” or bought from a Canadian company. I take it your defending the man?

    34
    See 1 more reply ▾
    Install the app to use these features.
    Mute Daffy the Bear
    Favourite Daffy the Bear
    Report
    May 11th 2018, 1:50 AM

    @Ciarán Masterson: Jesus, nice fu<kin logic..

    11
    Install the app to use these features.
    Mute The Exhibition Guy!
    Favourite The Exhibition Guy!
    Report
    May 10th 2018, 11:05 PM

    This judge should be disbarred or whatever it is that happens to judges who are pathetic at their job. 2 other lovely cases of Judge Nolan below with again some ridiculous sentencing…this judge is an absolute joke.

    Man who repeatedly punched ex-partner, then abducted their one-year-old daughter, avoids jail sentence
    http://www.thejournal.ie/courts-assault-abduction-tallaght-4002944-May2018/

    Dublin man jailed for ‘savage’ attack that left victim with metal implants in face

    http://www.thejournal.ie/dublin-man-savage-4000906-May2018/

    84
    Install the app to use these features.
    Mute Mark Dawson
    Favourite Mark Dawson
    Report
    May 11th 2018, 4:03 AM

    A suspended sentence but don’t pay TV licence you get sent to the joy what are our judges at

    33
    Install the app to use these features.
    Mute Gareth Cooney
    Favourite Gareth Cooney
    Report
    May 11th 2018, 7:35 AM

    @Mark Dawson: just pay your TV licence it’s only €160 it’s the best value for money you will get. What else can you spend so much time watching and getting entertaining and getting educated. The second best way to put in time is TV and think about how much you watch in a year for only €160……..
    watching telly is much more enjoyable when you don’t have to look over your shoulder all the Time……… try it !!!

    5
    Install the app to use these features.
    Mute Ger
    Favourite Ger
    Report
    May 11th 2018, 9:40 AM

    @Mark Dawson: By the way no one gets held in Mountjoy for not paying their TV licence. You get sent there, processed in the office and sent home. If you’re really unlucky you might sit in a holding cell for a few hours before being sent home.

    1
    Install the app to use these features.
    Mute Ger
    Favourite Ger
    Report
    May 11th 2018, 1:19 AM

    Lots of people blaming the judge for not imposing a custodial sentence but if you read the story it clearly says why. The higher courts “have recommended a non custodial sentence” in cases like this one. Had Nolan sent him to prison there would have been an appeal, which we the tax payer would foot the bill for, and he’d win. I understand the anger but your anger is aimed at the wrong people. Demand your local politicians start getting tough on crime.

    29
    Install the app to use these features.
    Mute gary mullen
    Favourite gary mullen
    Report
    May 11th 2018, 12:46 AM

    Judge Nolan should be sacked

    42
    Install the app to use these features.
    Mute Ger
    Favourite Ger
    Report
    May 11th 2018, 9:41 AM

    @gary mullen: they can’t be “sacked”. They have to be impeached, and for that they’d have to do something really wrong.

    5
    Install the app to use these features.
    Mute gary mullen
    Favourite gary mullen
    Report
    May 11th 2018, 12:40 PM

    @Ger: well he doesnt do anything right !,

    5
    See 1 more reply ▾
    Install the app to use these features.
    Mute Ger
    Favourite Ger
    Report
    May 11th 2018, 2:20 PM

    @gary mullen: he goes by sentencing guidelines. We may not be happy with those sentences but he can’t just make them up as he goes.

    1
    Install the app to use these features.
    Mute Greeneyes17
    Favourite Greeneyes17
    Report
    May 10th 2018, 10:53 PM

    That’s an absolute disgrace?? Child pornography & he didn’t get a custodial sentence that’s awful!

    65
    Install the app to use these features.
    Mute Aidan Augustus Daly
    Favourite Aidan Augustus Daly
    Report
    May 11th 2018, 2:17 AM

    Higher Courts would expedite prison term or at least send him for treatment in Arbour Hill

    10
    Install the app to use these features.
    Mute June Rose-Sommer
    Favourite June Rose-Sommer
    Report
    May 11th 2018, 8:54 AM

    Judge Martin Nolan needs to be investigated!!! Why is he so concerned about the perpetrator and his rights and not those of the poor children involved? All that hard work from the Canadian and Irish police results in a suspended sentence??? It stinks!!!

    19
    Install the app to use these features.
    Mute The Hoodedman
    Favourite The Hoodedman
    Report
    May 10th 2018, 11:16 PM

    Suspended sentence are you EFfING joking, the judge must be a Gob shite

    49
    Install the app to use these features.
    Mute Martin Flood
    Favourite Martin Flood
    Report
    May 11th 2018, 5:10 AM

    @The Hoodedman: He is, and everybody knows it.

    17
    Install the app to use these features.
    Mute Sean Conway
    Favourite Sean Conway
    Report
    May 11th 2018, 8:30 AM

    This judge cares only for the perpetrator.

    10
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.

Leave a commentcancel

 
JournalTv
News in 60 seconds