Female addiction counsellor has life 'significantly derailed' by man sending lewd images of himself

Gordon Deegan

An addiction counsellor has had her life significantly derailed by the actions of an Ennis man who sent her lewd images of himself, a court has heard.

At Ennis District Court today, Judge Alec Gabbett asked how does he know that Shane McCarthy “is not going to offend again and destroy another lady’s life?”

After reading the victim impact statement provided to court by the addiction counsellor, Judge Gabbett said that it was “very strong” and it shows that “this lady has had a very significant derailment of her life because of what has happened”.

Mr McCarthy told the court today: “I am sorry for all of that.”

In the case, Shane McCarthy (30) of Shanballa, Lahinch Road, Ennis pleaded guilty to sending four lewd images of himself to his then addiction counsellor on May 5th last year.

A cocaine addict, Mr McCarthy told the court that he has been clean since December 18th and “I am living at home and my wife is keeping a good eye on me”.

In reply Judge Gabbett said: “If there are prizes going for patience she would be getting it.”

Solicitor for Mr McCarthy, Daragh Hassett said that it is all very well hearing that Mr McCarthy's wife "is keeping a keen eye on him but that can’t go on forever".

Psychologist report

Mr Hassett said that it was very important to get a forensic psychologist to carry out a report on Mr McCarthy.

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 of Mr McCarthy’s penis.

Judge Gabbett said that he has concerns for the public over the behaviour of Shane McCarthy who he said has also effectively pleaded guilty to masturbating in public at two locations in Ennis in recent months.

Mr McCarthy has pleaded guilty to masturbating in a public place at Silvergrove, Ballybeg, Ennis on August 31st last year and the possession of cocaine on the same date at Ennis Garda Station.

Mr McCarthy is also before the court where he is charged with masturbating in a public place on December 18th last at Ballyalla Lake on the northern outskirts of Ennis.

Judge Gabbett that prior to sending explicit images of himself to his counsellor he had engaged with a female Probation Officer in a similar unwanted sexually explicit manner.

Evidence

Judge Gabbett said that based on the evidence before him including the counsellor’s victim impact statement he would be imposing a headline sentence of nine months in prison.

However, Judge Gabbett said that he would give Mr McCarthy the benefit of the report by the forensic psychologist. The court also heard that Mr McCarthy is due to be assessed by a treatment centre later this month to treat his cocaine addiction.

Judge Gabbett said: “I don’t know if he is sexually disinhibited by the cocaine or he is just sexually disinhibited.”

Judge Gabbett said that he accepted that Mr McCarthy is remorseful after reading a letter of apology from him over his actions. He said that Mr McCarthy "has apologised to everyone".

Mr Hassett confirmed to the court that he has been in contact with a male forensic psychologist on behalf of Mr McCarthy.

Judge Gabbett asked Mr McCarthy how he was going to interact with any other professional employed to help him. He said: “You have been sexually explicit with all of them.”

Bail conditions

In response Mr McCarthy said: “I am drug free at the moment. It won’t be an issue.”

Making the case for Mr McCarthy not to be remanded in custody, Mr Hassett said that his client has adhered to his bail conditions since December 17th to the letter of the law.

Judge Gabbett said that Mr McCarthy reoffends again he will be going straight into custody.

Judge Gabbett further remanded Mr McCarthy on bail to appear in court on January 21st.