Published: Wednesday, 11th August, 2010 5:00pm

Community service for illegal copying of DVD

Cavan Courthouse, the seat of the Circuit Court in Cavan.

The public believe that they are entitled to buy DVDs and CDs at cheaper prices in markets than they would pay in the shops even though the former are copies of recordings owned by someone else. That was the view of Judge John O'Hagan at Cavan Circuit Court.

The judge said he was amazed at the sight of people scurrying from one end of those markets to the other, hiding items from view, during the course of raids by the authorities seeking out illegal DVDs and CDs.

Judge O'Hagan made his comments after hearing a case in which a 42-year-old woman appeared on a charge arising from the illegal copying of a DVD.

Lisa Keoghan (42), Lower Main Street, Turner's Hill, Kingscourt, was charged that on a date unknown prior to July 17, 2007, at Edenagully, Bailieboro, without the consent of the copyright owner, Disney Enterprise Incorporated, she did make for sale or render a copy of a work namely "The Shaggy Dog". She pleaded guilty to the charge.

Garda Ronan Geraghty informed the court that on June 20, 2007, he received a phone call from Trim Garda station in relation to counterfeit DVDs. He obtained a search warrant and in a search of the premises of the defendant he found equipment used in the copying of DVDs and CDs. The defendant made no admissions. She didn't have any previous convictions, stated witness.

Gda Geraghty concurred with counsel for the defendant that Ms. Keoghan married David Moore in 2002 and that they jointly purchased the premises searched by gardaí. He accepted that the couple separated prior to the investigation and that Mr. Moore was living in a building at the back in which the equipment was found. He further agreed that gardaí were satisfied that it was the estranged husband of the defendant who was involved in the copying of the DVDs.

Counsel submitted that when David Moore was interviewed he said: "It's nothing to do with her, she had nothing to do with it". Gda Geraghty agreed that this was the case.

Judge O'Hagan said that the public believed that they were entitled to buy DVDs and CDs at markets at a lesser price than they would normally pay in the shops. In fact those DVDs and CDs were copies made of recordings owned by someone else.

"I have seen various raids carried out in these markets and it is quite an incredible sight seeing people scurrying from one end of the market to the other, hiding things away from the view of the police", said the Judge.

The judge took into account the fact that Ms. Keoghan assisted gardaí in their enquiries and that she didn't have any previous convictions. He directed her to undertake 100 hours community service in lieu of one year's imprisonment on the charge.