Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie

Child porn charges...what happens and when

  • 11-04-2011 11:51pm
    #1
    eviltwin
    Registered Users Posts: 17,495 ✭✭✭✭


    In late Oct 2008 my brother was arrested in relation to the downloading of child porn. I havent spoken to him since.

    At the time the offenses occured ( 2005 onwards ) he had regular access to my then 8 year old daughter and the police took photos of her to see if they were among the images they found.

    Two and a half years on and it seems to have all stalled.

    It was due to go to court but was put on the back burner due to the Anglo Irish investigaton according to the police. Its still "pending" in the courts system but there has been no word of a date yet.

    I am unable to get the photos of my daughter back because they are still classed as "evidence" even though the police say they are satisfied she is not involved but if that is the case why won't they give them back?

    My brother has told my mother it is all "sorted" but how can it be without a day in court?

    I am going out of my head with worry over this. He was more than a brother to me, he was a good friend and since our falling out I've lost a lot of the mutual friends we had. I've been told I cannot tell anyone what he's done - sorry "alleged" to have done :mad:" and so far I haven't but at great personal cost to myself, I've pretty much lost all the friends we had

    I'm just so full of anger that he has managed to get away with this, angry that I can't get my child's pictures back, terrified that it means her photo has been sent to sick perverts god knows where, I want to have ample time to prepare my mother if there is a court case pending as she is elderly....the list of worries I have is endless

    I would so very much appreciate the feedback of an expert on this as I don't know where to turn


Comments

  • #2
    FreudianSlippers
    Registered Users Posts: 20,397 ✭✭✭✭FreudianSlippers


    There are lots of issues here but I think you can be satisfied that the pictures on the hard drive (or in hard copy is it may be) are safe in the custody of AGS.

    If it's a matter of whether the pictures were disseminated by your brother, I'm sure that's something that AGS would have notified you of if they knew. If they are satisfied it's not in relation to your daughter then surely that should give you some satisfaction that they haven't been spread.

    As for getting them back, it's not likely if they are being held as evidence.

    It all really boils down to the fact that you may need to seek your own legal representation to get to the bottom of the facts. Nobody here is going to be able to give you the information you're seeking.


  • #3
    eviltwin
    Registered Users Posts: 17,495 ✭✭✭✭eviltwin


    Thanks for the reply, I really appreciate it.

    I've been thinking that getting a solicitor is the only way I'm ever going to get an answer from them but didn't want to go down that route unless it was completely unavoidable

    Two and a half years seems like a long time to allow someone to be free with this kind of thing hanging over them...is this the norm? How can I - if its at all possible - find out if he will ever go to court?


  • #4
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Was he actually charged with an offence? Are you sure he is guilty?


  • #5
    seamus
    Registered Users Posts: 68,317 ✭✭✭✭seamus


    eviltwin wrote: »
    Two and a half years seems like a long time to allow someone to be free with this kind of thing hanging over them...is this the norm? How can I - if its at all possible - find out if he will ever go to court?
    It's unfortunately common in such cases. The prosecution's entire case is based upon forensic and technical evidence. This not only takes quite some time to collate, but also takes some time to gather into evidence which is admissible in court. Then it has to wait to get time in court.

    I'm not really sure if there's anything you can do except to continue asking the Gardai about it. I'm sure they're as frustrated at the delay as you are.


  • #6
    eviltwin
    Registered Users Posts: 17,495 ✭✭✭✭eviltwin


    k_mac wrote: »
    Was he actually charged with an offence? Are you sure he is guilty?

    Yes I am because he admitted to me personally that he was. He told me he never traded any pictures of my child but I don't know if I can believe that or not and I'm worried sick to my stomach thinking that he might have

    The case as far as I know involves people from around the world so I know thats probably part of the problem. Its just hard to know someone capable of such things is still free and possibly still doing it and there is nothing I can do :mad:


  • Advertisement
  • #7
    3DataModem
    Registered Users Posts: 3,936 ✭✭✭3DataModem


    I recommend you seek support for the trauma (I don't advocate counsellors but talking to one does not breach your gag).

    You have ostracised your brother and friend, which must have been very difficult.

    Raise your child well, move on, live right, and good luck.


  • #8
    spurs1961
    Closed Accounts Posts: 7 ✭spurs1961


    K mac is on point on this one.

    Firstly prosecutionwise the time for a District Court prosecution is up. Their is no time limit or bar to prosecuting him for possession of images in the Circuit Court.

    I am going to be blunt on this one. The anglo reason is bull**** there are just enough cybercrime gardai. I am aware from my trade how long the backloads are with proofs in these case.Complain to the DPP and Superintendent in writing if you are that exercised about just hope you never have to sit on a jury.

    If you have lost friends and are sick with worry why not get your brother the help he needs. Did he admit possessionto the Gardai? Check out the Grenada Institute/ Lighthouse project.


  • #9
    Fred Cohen
    Registered Users Posts: 189 ✭✭Fred Cohen


    I am truly sorry to hear about your situation and can only hope you find a way through this. All the advice I can offer is that as a parent you have to be strong for your children.
    spurs1961 wrote: »
    The anglo reason is bull**** there aren't just enough cybercrime gardai.
    Think I've fixed for you.


  • #10
    eviltwin
    Registered Users Posts: 17,495 ✭✭✭✭eviltwin


    Just to update I got in contact with the gardai and they haven't even looked at the computer equipment taken from our family home :eek:

    So god knows when if ever this will get to court

    Anyway in the meantime I'm just going to try and get on with my life...its hard knowing someone capable of such things is still out there free to do what he wants but I have to trust the systema and believe that he hasn't done anything since and justice will prevail

    Spurs help has been recommended but he's not interested and I'm not going to attempt to contact him again. I have had another child since this all happened and I don't want him involved in either of their lives.

    3DM you are probably right...thinking someone close to you has possibly hurt your child is concerning so I am going to take the route you recommend

    Again thanks for all your advice, its very much appreciated:)


  • #11
    hinault
    Registered Users Posts: 5,932 ✭✭✭hinault


    Eviltwin : I am sorry to hear of your case.

    Unfortunately I know of a separate case in which the police confiscated a laptop on the basis of an accusation that a company database had been robbed and stored on the laptop.

    7 months have elapsed since the police confiscated the laptop. The police claim that the laptop is still being examined:o and no charges have been brought as a result of their investigation.


  • Advertisement
Advertisement