The Public Prosecution Service (PPS) has confirmed it will not appeal the sentence imposed on a Portadown who walked free from court after being detected with high-level child sexual abuse imagery.
Gerald Malone, of Tandragee Road admitted possessing 77 indecent videos and images of children, including one of a female toddler being raped.
The images were only discovered after the 28-year-old attended Lurgan PSNI Station in August 2022 for an unrelated matter during which his phone was seized.
By March 2024 forensic analysis revealed what was described as “repugnant” imagery.
Broken down there were 26 videos and seven images in Category A, which is the highest criteria.
There were nine videos and 12 images in Category B and eight videos and 15 images in Category C.
The videos contained horrific footage of children aged under 12 being orally raped by adults, while another showed a naked female toddler, also being raped.
Malone was arrested and during interview admitted using a website to pay for naked images and videos of adult women.
He denied searching for children, contending these would sometimes be sent to him which he would always delete within two hours, but accepted he didn’t report this.
In addition he accepted he “May have viewed these images more than once.”
When the case reached Craigavon Crown Court Malone initially pleaded not guilty but later admitted all.
At sentencing Judge Donna McColgan KC remarked: “An assault on babies, or very young children, are particularly repugnant because of the fear or distress that they may have induced in the victim … For every photograph, it is trite to say that there is an abused child. For many persons who appear in court they seem to self-excuse on the basis that the abuse has already taken place; the photograph has been taken and therefore is an event passed.
“This, of course, is distorted thinking. By virtue of involvement in this trade, it ensures that abuse will continue, and such materials exist because there is a market for it. That is why severe and deterrent sentences are required in respect of offences of this kind.”
While Judge McColgan said the custody threshold had been passed she believed Malone could benefit from assistance and imposed a Combination Order consisting of 80 hours community service and two years on Probation.
There was also a Sexual Offences Prevention Order for five years.
There was significant concern around the sentence including at the NI Assembly where DUP MLA Jonathan Buckley described, “The injustice that has left many feeling a sense of utter disgust and bewilderment at the state of our legal system”.
“Each image represents a child who was exploited. Their innocence, stolen. Their pain, recorded for the pleasure of predators to consume by possessing them. This man contributed to the cycle of abuse. He is not just a bystander. He was complicit. And yet, instead of a lengthy prison sentence, he was handed just 80 hours of community service and two years probation.
“We cannot blame the police. They carried out a robust, thorough investigation, only to be failed once again, by our judiciary.”
When asked if the PPS intended to appeal Malone’s sentence as unduly lenient, a spokesperson replied, “After careful consideration of all the facts and circumstances, including with the benefit of advices from independent counsel, it has been determined that there is no legal ground to refer this sentence to the Court of Appeal.”
