*The case has been adjourned to January 7th.
A JUDGE has stated that an Ennis man believes that female professionals who help him are “fair game” for the man to send them lewd images of himself.
At Ennis District Court, Judge Alec Gabbett made his comment after Shane McCarthy (30) of Shanballa, Lahinch Road pleaded guilty to sending four lewd images of himself to an addiction counsellor on May 5th this year.
Sgt John Burke told the court that two of the grossly offensive communications to the addiction counsellor concerned one second videos of Mr McCarthy’s penis.
Sgt Burke said that four grossly offensive images consisted of two videos and two still images.
Judge Gabbett said that he had not appreciated the seriousness of the offending when first reading the charges and didn’t realise that they involved Mr McCarthy sending explicit videos of himself.
He said that the videos “put this case into a whole different ball game and the question it puts in my mind is this case for this court’s jurisdiction at all”.
Mr McCarthy sent the messages to the woman at 3.21am and three ones in quick succession at 6.01am, 6.02am and 6.03am on May 5th last.
The messages were sent with the intention to cause the woman harm contrary to Section 4(1) and (3) of the Harassment, Harmful Communications and Related Offences Act 2020.
In addition, Mr McCarthy has pleaded guilty to masturbating in a public place at Silvergrove, Ballybeg, Ennis on August 31st this year and the possession of cocaine on the same date at Ennis Garda Station.
Sgt Burke said that Mr McCarthy has 14 previous convictions but none for this type of offending.
Commenting on the lewd messages sent to his addiction counsellor, Judge Gabbett commented that Mr McCarthy’s former Probation Officer “has already been subjected to this type of behaviour”.
Judge Gabbett said that he would extend the legal aid certificate to cover a report to be carried out on Mr McCarthy by a forensic psychologist.
He said that “I have to make sure the public are safe”.
Judge Gabbett said, “It is quite clear that he interacts with professionals who seek to help him and all of a sudden in his head he believes they are fair game where he tries to initiate intimacy by sending these messages”.
Solicitor, Daragh Hassett for Mr McCarthy told the court that this client is addicted to cocaine and what is before the court “is the most unusual consequence of his addiction to cocaine”.
Mr Hassett said that Mr McCarthy has the support of his partner which is a testament to her.
Judge Gabbett asked if the counsellor has provided a victim impact statement and after Sgt Burke told the court that after a colleague phoned the counsellor, she said that she would like more time to consider giving a victim impact statement.
Judge Gabbett said that Mr McCarthy “has a propensity for serious offending”. Judge Gabbett adjourned the case to January 7th and remanded Mr McCarthy on continuing bail to that date.
