Donegal grandfather who had vile image stash on phone avoids prison

A west Donegal pensioner has avoided prison after being found in possession of a stash of images depicting children engaged in sexual acts.

Michael Gillespie downloaded the depraved images, 12 of which were classified as category 1, from an instant messenger app on his mobile phone.

Gillespie, a 74-year-old grandfather, with an address at 16 Braad, Kincasslagh, was given community service instead of a 12-month prison sentence when he appeared at Letterkenny Circuit Court.

Gillespie, a retired painter and decorator who also previous ran a successful printing business, came forward to the Circuit Court on a signed guilty plea.

The accused pleaded guilty to knowingly possessing child pornography images on June 2, 2021. The offence is contrary to Section 6.1 of the Child Trafficking and Pornography Act, 1998.

Detective Garda Donal Callaghan gave evidence of executing a warrant at Gillespie’s home at 1.37pm on June 2, 2021. Detective Garda Callaghan told the court that Gillespie ‘put his hands up’ and made admissions when interviewed.

Gillespie was described as being ‘fully cooperative’ with gardai when he was quizzed.

A total of 33 images were found on a white iPhone, which was concealed in a locker in the sitting room of the property. Of the images, 12 were placed in category 1, the most serious category, with them remaining images classed as category 2.

Gardai were alerted to Gillespie’s activities by an internet company and they were able to track his IP address.

The vile images were downloaded via the Kik app. His barrister, Ms Fiona Crawford BL, instructed by solicitor Mr Patsy Gallagher, said Gillespie used the app to ’satisfy his curiosity’ and and to ‘relieve boredom’.

“He felt that he had a sense of security with this app because of the perceived anonymity,” Ms Crawford said. “He started dabbling in adult pornography sites and was using it for sexual gratification and then he had access to child pornography on the site.”

Ms Crawford said Gillespie ‘initially avoided’ these images, but ‘kept going back.

A probation and welfare report said Gillespie expressed remorse and shame. His victim awareness at first was limited, but as he engaged further with the Probation Service he became ‘much more aware’.

The court heard that Gillespie maintains the support of his family.

“He was careless and naive,” Ms Crawford, asking for the court’s leniency, said. “He is a very different man to this. He has done the best for his family all of his life. He lives in a very small, close-knit area and he appreciates that he has made a mistake. He is very remorseful for what has happened.

‘From the moment gardai arrived with a warrant, he put his hands up and followed through with a guilty plea.”

Reporting restrictions were imposed when Gillespie was before the District Court, but these were removed last year when the accused appeared at the Circuit Court to reaffirm his guilty plea, meaning he could be identified.

Judge John Aylmer said the nature of the images in the case ‘was very serious’. He said the number of category 1 images in the matter were ‘very low’ in comparison to the number of court often encounters. Judge Aylmer said a starting point of 18 months imprisonment was an appropriate starting point for sentencing.

In mitigation, he said Gillespie is a retired man who has been a hard worker all of his life and who has never before been the subject of criminal attention.

He said Gillespie was fully cooperative from the outset and followed this by tendering a signed guilty plea at the District Court.

Judge Aylmer sentenced Gillespie to 240 hours of community service in lieu of 12 months imprisonment.

Gillespie will be automatically played on the Sex Offenders Register.