Prison 'very, very likely' for teacher who shared intimate video

A TEACHER, who had pleaded guilty to recording and distributing an intimate video of a woman without her consent, has been told he may “very, very likely” go to prison.

His female victim has to consider whether she will accept a donation to charity from the defendant, and her decision will “guide” the judge on what sentence he will impose on the man.

The man, who is in his 30s, cannot be named so as to protect the identity of his victim. The woman did not appear for the hearing at Cavan District Court because, as she said in her victim impact statement, she “cannot be in the same room as him” even two and half years after the offence.

In her victim impact statement, the woman outlined the ways in which his actions have ruined her life.

When he previously appeared before Judge Raymond Finnegan in May, the teacher was told to “start saving” to pay his female victim compensation.

He brought €5,000 cash with him to his hearing but, having read the woman’s victim impact statement in the meantime, Judge Finnegan said he acknowledged the defendant’s fear that he was “trying to buy his way out of a conviction”.

The man does not have a Cavan address, however, the case was heard in Cavan District Court because the offence happened at a pub in the county.

At his May hearing the defendant pleaded guilty to the offence of “recording, distributing or publishing an intimate image without consent” at a pub in Kingscourt on a date unknown in February 2023.

The court heard the man and his victim were not in a full-time relationship at the time he shared the video.

“The only knowledge she has is of the video being shown to the defendant’s friend in the pub,” Sergeant Damien Galligan said.

Judge Finnegan asked if the man had read his victim’s statement and was told he hadn’t. His barrister, Joe Smith BL, said: “I’ll address that.”

“Well, he should,” the judge said and as Mr Smith went on to say: “He’s a teacher…” Judge Finnegan interjected with: “That makes it worse!”

The defence barrister pointed to the man’s “unblemished record” as a teacher and said that prior to this, he had never come to garda attention. The man also plays football and volunteers with his local club and “has done charity work”, Mr Smith said.

The barrister appealed to the court not to record a conviction “in this particular case, in this particular set of circumstances” to which the judge said: “It’s not a question of whether he remains conviction-free. It’s whether he goes to prison or not.

“That’s a big ask, Mr Smith,” Judge Finnegan continued, “and not something I’d do lightly because there’s a victim who couldn’t come here because she couldn’t face your client.”

“And why didn’t he read her victim impact statement?” the judge asked. “Her life is destroyed, and she can’t go out and he’s trying to buy his way out of it. No.” continued the Judge Finnegan.

“It was a split-second error,” the barrister said in his client’s defence. “He has attended a consent workshop with Women’s Aid.

“If a conviction is recorded, he will lose his job,” the barrister further appealed to which Judge Finnegan replied: “And, whose fault is that?”

Sgt Galligan interjected at this point in proceedings to say: “The victim impact statement before you Judge, is not just words. Gda Easterbrook has been dealing with this matter and has spoken with her every week; money is not an issue for her.”

The man’s barrister suggested the €5,000 he brought with him be accepted as a charity donation “as a token of remorse”.

“He accepts the hurt he has caused,” Mr Smith proffered but Judge Finnegan replied with: “A life for a life.

“And he has single-handedly ruined that with a moment of bravado.”

Sgt Galligan acknowledged the €5,000 donation as “substantial” but suggested the defendant could make a greater offer.

Judge Finnegan said there was a valid inclusion in the woman’s victim impact statement that the man’s intention was to buy his way out of a conviction and/or prison.

His barrister argued his client was “between a rock and hard place”.

“If he makes no offer, it seems like he thinks he can walk away from it,” Mr Smith countered.

“Not my concern,” Judge Finnegan responded.

“If he’s not working, it’ll hit him that he’s ruined his life and already ruined a victim’s life,” the judge added.

Judge Finnegan instructed Sgt Galligan to canvass the female victim for her views on a charity donation.

“She is the victim, and she has a say on these proceedings,” he continued.

Sgt Galligan then raised the matter of members of the man’s family making comments to the victim since the offence.

The defendant spoke for the first time to say his brother spoke to his victim.

“I apologise,” he said.

“He hasn’t helped you one iota,” the judge said.

Putting the case back until October 2, to allow Gda Easterbrook time to talk with the female victim and ascertain her views on the question of a charity donation, Judge Raymond Finnegan concluded the hearing by saying: “The possibility of a prison sentence is very, very likely here because anyone who does that deserves a prison sentence in my view.”