A previously anonymised County Tyrone man who posed as a child to sexually communicate with young girls has avoided imprisonment.
Don Gailey (47) formerly of Castle View, Newtownstewart admitted two counts each of sexual communication with a child, attempted sexual communication and intentionally presenting as a child to communicate with girls.
These offences occurred on dates between 2 and 16 January 2024.
A further charge of attempting to pervert the course of justice by presenting a male relative to Omagh Police Station to make a falsely contend he committed the offences, was left of the court books on the basis the other matters were admitted
Dungannon Crown Court heard Gailey created a profile presenting as a 15-year-old boy using an image of a family member and followed the Tik Tok accounts of five young girls.
After initial chatting he asked four of them to describe sexual experiences, often calling them “Baby”.
Two victims whom police managed to identify were both aged 11 and knew each other from school and it
In respect of the first girl, Gailey asked for images, becoming angry when she joined him in a group chat.
Offending came to light when her phone was confiscated at school and on integrating it her mother found the messages and alerted the other child’s mother and police,
There were also three unidentified victims., one of whom Gailey asked to “talk dirty” to him and requested an image of her in school uniform.
He then entered into “graphic description of sexual activity, asking about her underwear and intimate areas of her body.”
Other aspects of the conversations are too graphic to report but allude to Gailey referring to his genitals and what he wished to do with them on the child.
Similar requests were made of another identified victim, as well as asking her to describe previous sexual experiences.
While there was communication with a third unidentified child it did not turn sexual however Gailey accepted it was his intention.
He was arrested and admitted the charges involving the two identified girls.
The following day he brought a male family member to the police and, “blamed him for the communications.”
Judge Brian Sherrard told Gailey, “It is hard to conceive of a more profound way to damage his welfare than to ask him to take responsibility for your offending.”
He continued, “You are reluctant to discuss the genesis of your offending and claim no sexual interest in children which is patently incorrect. You knew you were talking to children. The fact there were five individuals elevates the seriousness. You sought images from them further increasing culpability. You are still in denial over your deviant interest in children.”
The judge remarked, “The involvement of (male relative) – ridiculous as it was – also aggravates your offending.”
Initially indicating an appropriate prison sentence would be12 months Judge Sherrard said, “While the public are right to see condign punishment, the court must recognise a relatively short period of imprisonment will serve little by way of protecting children.”
As a direct alternative Gailey was handed a three year Probation Order.
There will also be Sexual Offender Registration for five years and a concurrent Sexual Offences Prevention Order for the same duration.
When the case first reached court last year a defence lawyer handed in a GP letter, “Seek the defendant’s anonymity is protected.”
Press objected as there was no prior notice and while the judge on that occasion noted the application had likewise been “sprung on him” he granted an interim order.
At the next hearing Press challenged the eligibility of the reporting ban, and a different judge stated, “I would not have granted this had I been sitting. The order is removed.”
