A grandmother and former crèche worker who admitted distributing child pornography videos she received in a WhatsApp group has been jailed for nine months.
However, Evelyn Ajie of Clifton Terrace, Summerhill North, Cork city is on bail as her solicitor Pat Horan is set to lodge an appeal in connection with the sentence handed down to his client.
Ms Ajie (51) appeared before Cork District Court where she pleaded guilty to three charges.
The first count states that on September 1st, 2019, she did knowingly distribute child pornography whereby she knowingly showed it or facilitated any activity for the purpose of distribution, publication, exportation or show. She faced a similar charge relating to October 5th, 2019.
The third charge is that she knowingly had in her possession three videos described as child pornography stored on a device.
Sgt Pat Lyons told Judge Olann Kelleher that it was an unusual case. Ms Ajie belonged to WhatsApp groups in Italy, Spain and her native Nigeria.
Forwarded messages
She received the pornographic videos, which involved the sexual abuse of a baby and pre-pubescent boy of twelve, in a WhatsApp group and forwarded them on to others.
The distribution of the pornographic messages was flagged last year by the National Centre for Missing and Exploited Children. Google also alerted gardai in relation to the issue.
Gardai seized Ms Ajie’s Samsung Galaxy phone and met her by appointment.
Her solicitor Pat Horan said his client had lived in Ireland for 18 years. She is housebound because of chronic health. Ms Ajie has severe arthritis which makes walking difficult. She also suffers from cataracts.
Mr Horan said his client was terribly upset by what had occurred. He stressed that she had made voluntary statements to gardaí and fully accepted her culpability.
He stated that Ms Ajie was without previous convictions. The court heard that she had worked at a creche from 2012 to 2015, but had to give up her job because of poor health.
Mr Horan added that Ajie was “accepting responsibility and not making any excuse”.
Not a once-off incident
Judge Kelleher said that the matter was extremely serious. He stated that the defendant “knew exactly what she was doing” and that it wasn’t a once off incident.
The judge said he had a duty of care to the unfortunate victims in the case. He said the onus was on him to mark the gravity of the crime by imposing a custodial sentence on the mother of four who also has eight grandchildren. He jailed Ms Ajie for nine months. He declined to suspend any portion of the sentence.
Judge Kelleher had previously said that the court would only accept jurisdiction on the case in the event of a guilty plea. If Ms Ajie had not pleaded guilty she would have been sent forward for trial at Cork Circuit Criminal Court. The maximum sentence in the case at district court level was 12 months.
Judge Kelleher subsequently agreed to release Ms Ajie on her own bail having lodged a cash bond of €500 pending appeal of the sentence.