Friday 31 October 2014

Convicted rapist sent back to jail for possessing child porn

Conor Gallagher

Published 27/01/2014 | 15:08

A convicted rapist has been sent back to jail for possession of child pornography shortly after his release from prison.

In 2000, Neil Kinsella (38) was sentenced to 10 years for rape and aggravated sexual assault involving two young girls.

That court case heard that at the time Kinsella had become obsessed with internet porn and believed he needed to have sexual intercourse to cure his growing feelings of social and sexual inadequacy.

Today Dublin Circuit Criminal Court heard Kinsella was caught with four images of child pornography on his computer in 2008, shortly after his release from prison.

He later went to Spain before he was returned to Ireland on a European Arrest Warrant.

Kinsella with an address in Valencia, Spain pleaded guilty to possession of child pornography at his then home in Beaufield Park, Stillorgan in November 2008.

Judge Martin Nolan sentenced him to 14 months in prison. The judge commented that ordinarily such a case might attract a suspended sentence but that he had to take Kinsella’s record into account.

The court heard that Kinsella’s original offences involved following a girl home and dragging her from the path. He then threatened her with a large knife, put a pillow case over her head and raped her.

Detective Garda William Kavanagh told prosecuting counsel Cathleen Noctor BL that in November 2008 a website was hacked and child pornography images were uploaded to it.

The hacking was traced to the Stillorgan address and this information was passed on to gardaí by Interpol. In December 2008, gardaí went to the address where they found Kinsella sharing a rented house with five others.

They seized his laptop and Kinsella provided the username and password. Gardaí found four downloaded child pornography images depicting nudity and sexual acts between children.

Kinsella denied downloading the images. He said that ten people had access to his computer and named six of them. When gardaí put it to him that his computer was password protected, he said he had several ex-girlfriends who could have accessed it and also gave their names.

Gardaí were able to show that Kinsella accessed his online banking moments before the images were downloaded. Kinsella told them he suffered from memory loss due to his epilepsy.

He was granted bail and went back to Spain where he was arrested in 2013. He pleaded guilty on his return to Ireland.

Defence counsel Philipp Rahn BL said Kinsella had gone to Spain to make a new start in life. He said he operated a business there and taught English to business people.

Counsel submitted that the child pornography offence was at the lower end of the scale and that there was no distribution or selling of the images.

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