‘HORRIFIC AND DESPICABLE’

A Circuit Court judge has described as ‘ horrific and despicable’ the offences of a Wexford town music teacher who pleaded guilty to possessing and distribution of child pornography.

Appearing before Wexford Circuit Criminal Court last Tuesday, Eanna McKenna, of 37 College Green, Summerhill, Wexford, was sentenced to three years in prison for the offences.

Judge Barry Hickson said one had only to look at the ‘ horrific and despicable’ content to know evil people existed.

Mr McKenna was charged with the possession of 521 images, and 159 movie files, on a personal computer at his home in June 2014. He was also charged with knowingly distributing child pornography on dates between November 11, 2010 and March 13, 2011.

The music teacher had taught at a number of Wexford town secondary schools, while he was also a church organist and choirmaster in the town.

Judge Hickson was told that a search warrant had been obtained by Sgt Stephen Ennis, following a complaint made by Mr McKenna’s partner in June 2014. A laptop and hard drive were seized at the defendant’s home.

Garda Janet Walsh outlined details of the images drawn down to the court that related to a child as young as one year, and images of boys from two to six years old and up to 15 years old, who were being abused.

Garda Walsh said a complaint was made by the defendant’s partner following a difficulty in their relationship, which led to a search warrant being obtained.

Garda Walsh testified the computer and hard drive con- tained hundreds of images and video files of boys, some as young as one, being sexually assaulted.

Garda Walsh, who is stationed in New Ross and attached to the Crime Computer Investigation Unit, said that the defendant used a particular type of software. Having carried out a physical examination of the hard drive she found details of the operating system, and found images of child pornography.

Replying to Prosecuting Counsel, Ms Sinead Gleeson, Garda Walsh told of having found a number of chat logs, including Skype and Messenger applications which allowed users to communicate by video and transfer documents and video to other users. A number of image files had been transferred from the defendant’s laptop to other users.

The defendant often used the names ‘Ross’ and ‘Danny’ when transferring files, said Garda Walsh.

Defence Senior Counsel Sean Guerin told the court that the accused had at an earlier stage called the gardai to have his partner removed from his home. He said there was no evidence of credit card transactions or payments to another person.

He said that sometimes images could be downloaded in batches or quantities with the individual not knowing the content. However, Garda Walsh said there were multiple cases of images been drawn down in different locations.

The court was also told by Mr. Guerin that a trial of this nature could be complex, technical and quite lengthy, to which Garda Walsh replied ‘ that would be my experience’.

Mr Guerin added that when a search warrant was obtained for the defendant’s house he fully co-operated with the search.

Sgt Stephen Ennis gave evidence of visiting the house with a search warrant. When interviewed at Wexford Garda Station in the presence of his solicitor, the defendant made no comment to the questions.

Describing a trial of this nature as complex, technical and quite lengthy, Mr Sean Guerin said the defendant had pleaded guilty, for which he should be given credit. He also said that the distribution was not on a commercial basis and was not done for profit. While he accepted it was on the upper range of child pornography, the defendant expressed remorse.

A booklet of reports and testimonials were before the court, said Mr. Guerin, who added that the defendant apologised for the offences committed.

The defendant, said Mr Guerin, has also undergone psychotherapy treatment.

He said that McKenna comes from a very good family background and a very supportive family. ‘Obviously it’s a disappointment to his mother who is with him in court but the defendant is someone who has struggled with his sexual orientation over a period of years but the likelihood of him reoffending is in the low risk category,’ said Mr Guerin.

‘ This crime arises out of the personal circumstances of the defendant but nevertheless criminality is something out of character for him.

‘I would ask the court to take a global view of his character, take a positive view of his previous good character, for his testimonials indicate he has had a career in music and has also been involved in charity work. He is someone who is highly regarded in music,’ said Mr Guerin.

Testimonials were handed into the Judge from Fr Turlough Baxter, Chairperson, Irish Church Music Association, St. Patrick’s College, Maynooth; James Boyce, Ambrosetown, Duncormick, Wexford; Peg Hanafin, MSc., Rehabilitation Counselling and Psychology; Senan O’Reilly, of Ardara Annexe, Spawell Road, Wexford; his mother Maura McKenna, Newtown Road, Wexford; Rev. Nicola Halford, Church of Ireland, Enniscorthy, and John R. Bayley.

Judge Hickson described the offenses as ‘ horrific and despicable’.

‘I was horrified and shocked at the content of what I have heard. I will take into account both the aggravating circumstances along with the mitigating factors, and the testimonials and reports before the court.

‘I have to take into account that the maximum sentence should be reserved for the most serious offences, while I will take into account the absence of a criminal record.

‘However, this is where a person has behaved in a horrific and despicable manner. I will take into account the testimonials and the fact he was an outstanding person in the community. I will also take into account what has been said in court, the testimonial of his mother and the letter from the defendant.

‘His mother outlines that he has done very well in treatment, the consequences of a custodial sentence, and the fact he has lost his job. I accept he may find it impossible to work again, while I also accept he has been a great servant of the community. I will take into account his letter of remorse, his shame. He should be ashamed,’ said Judge Hickson.

He added: ‘ Those who imbibe and distribute are very closely aligned to that category of people. McKenna has sunk into that category.’

The Judge said as horrified as he was, he had to consider principles of justice and take into account the glowing testimonials, McKenna’s early plea, his previous good standing and his letter of remorse. However, he said, he must impose a prison sentence.

The Judge sentenced the defendant to three years in prison on each charge, the second sentence to run concurrently, The sentence will date from the day of hearing.