Niall Colgan: former Justice Department official escaped jail for possession of child abuse videos

Niall Colgan (39) was caught with indecent material on his phone when gardaí raided his home, a court heard.

The former press officer told detectives when they arrived that he had “never touched any children” and that it was “all fantasy.”

Colgan, a “model citizen”, had been working from home during Covid, experienced “isolation” and alcohol and cannabis had a role to play in his “downward spiral”, his defense said.

Handing him a one-year suspended sentence at Dublin Circuit Criminal Court, Judge Martin Nolan said there were no aggravating factors and it would be “unfair to imprison this man”.

Colgan pleaded guilty to possession of two videos and two images of child pornography at his home in Muckross Park, Perrystown, Dublin, February 12, 2022.

He also admitted possession of around €300 worth of cannabis found in the same search.

Detective Garda Alan Young told prosecutor Tessa White BL that Colgan’s home was searched with a warrant obtained by the Online Child Exploitation Unit.

Colgan was there alone at the time and after being cautious, he said: “I have never touched any children, it is all fantasy, the photos of the children were taken from Instagram and Tiktok.”

He also said, “I take responsibility for the weed that is on the table.”

Colgan’s partner returned home from work during the search.

Some 13 devices, including Colgan’s iPhone, were seized and the defendant cooperated fully and provided PIN numbers. All the material was found on the iPhone.

The first video, which lasted one minute and 32 seconds, showed a pre-teen girl whose genitals were exposed masturbating with what appeared to be curling irons. The second video, lasting one minute and nine seconds, showed a boy under the age of 10 and an older woman performing sexual acts on him while her genitals were exposed.

One photo was of a preteen girl, the second was of a teenager, both with their genitals exposed.

Detective Gda Young said the videos were classified as “Category 1” as they involved sexual acts, while the photos were “Category 2” as they were just exposure.

Colgan was later arrested, did not respond after receiving a warning when he was charged, and did not say anything of evidentiary value in interview. He had no previous convictions.

Cross-examined by defense counsel Ronan Kennedy SC, Detective Gda Young agreed that at the time of the search, Colgan was still at home working remotely as a result of the pandemic.

He allowed the gardaí to enter immediately “when he got over the shock” of them being at his door. Her long-term partner was also “clearly shocked” and upset when she “discovered what was going on.”

Gda Young agreed that the images and videos of children were found among an “extensive collection” of legal pornography, of straight, gay and trans adults.

The defendant was “extremely upset and remorseful.”

He had been experiencing isolation due to the pandemic, and alcohol and cannabis had a “major role to play in Mr. Colgan’s downward spiral,” Kennedy said.

Colgan had been suspended from his job as a public servant and then voluntarily resigned, Kennedy said. He subsequently returned to education, taking a TEFL course and doing some odd work.

“It is clear that he will never be able to work again in a place similar to the one he worked before,” Kennedy said.

Colgan was taking steps to “address his demons,” including psychotherapy.

“He was essentially a model citizen before this and was not on the garda radar in any way,” Kennedy said.

His parents and partner were shocked by what happened, but they supported him and went to court.

The case had been the subject of much media coverage “due to his previous employment.” Colgan had been followed and confronted and the word “paedo” had been spray painted on the doorposts of his family home.

His home and auto insurers had “unilaterally terminated” his coverage and, as a result, he was unable to drive.

Colgan had not come to the attention of police since the offense and was deemed by the sex offender registry administrator to be at low risk of re-offending. Detective Gda Young said he could not imagine Colgan would reoffend.

Judge Nolan said the material was “probably at the lower end of the scale” of what the court is dealing with.

Colgan “had a good position in life” before this, had lost it and was subject to “public hatred and ridicule” as well as “some harassment, which is illegal and should not have happened”, the judge said .

The defendant was unlikely to obtain similar employment again and was also unlikely to reoffend.

“There are no aggravating factors in this case and it would be unfair to jail this man,” Judge Nolan said.

Colgan would be on the sex offenders register for a period of time, he added. The sentence was suspended for one year and the drug charge was taken into consideration.