A serious crime that needs tough justice

BY any reckoning, there are few worse crimes than child abuse.

Against that backdrop, it is utterly shocking that Brendan Phelan – a retired senior civil servant at the Department of Health and Children – has been let off with a suspended sentence for viewing thousands of sexual images of children.

The Irish Daily Mail has repeatedly highlighted the scandal of inadequate and inconsistent sentencing in the criminal justice system. Far too many serious offenders are allowed to walk free.

It is no exaggeration to say that this case is one of the most egregious examples to come to our attention. Nearly 60,000 sexual images and videos of children were found in Phelan’s possession.

Although not many of the images showed children actually being abused, some of them did – and that should have been enough for the 66-year-old to receive a custodial term.

In no way is this a victimless crime. For the images held in Phelan’s sickening cache to be generated in the first place, there were children subjected to abuse – often after being groomed in advance.

Nor should it be forgotten that every instance of abuse ultimately means a life sentence of suffering for the victim. Accordingly, the message sent out by the so-called punishment handed to Brendan Phelan is nothing short of horrifying.

The sentence should be appealed immediately by the Director of Public Prosecutions. The message needs to go out as to just what a serious offence this is.

Looking to the future, it must be made clear to people that collecting any sexual images of children will mean they’ll automatically end up behind bars – and potentially for a substantial period of time.

This case also raises troubling issues about Garda resources. If it wasn’t for the fact that the force was tipped off by Canadian authorities, it is entirely possible that Phelan would still be offending today.

Meanwhile, it is disturbing in the extreme to think that it took four years before the computer equipment seized from Phelan’s home was even examined by experts. It is to be welcomed the delays aren’t as long nowadays, but it can still take a year for the necessary analysis to be carried out.

This simply isn’t good enough. It doesn’t bear thinking about the harm that a paedophile could do in a 12-month timeframe, especially in circumstances where they may be facing a jail term anyway.

There is a duty on our political leaders to give the relevant Garda units everything they need in terms of personnel and funding. When sexual images of children are involved, there should be police action within a matter of days. Not weeks, not months and certainly not years.