A Ballymoney man has been placed on the sex offenders register after finally being sentenced by the Crown Court to the making and distributing of indecent images – charges relating to June & July 2015.
The case was originally referred to Antrim Crown Court back in October 3, 2019 after Coleraine Magistrats’ found their was a prima facie case to answer.
At Laganside Crown Court on Thursday March 4, 2021, the court heard that defendant Alaistair Kane (37) pleaded ‘Guilty’ to seventeen counts of making indecent images and to a further 6 counts of distributing indecent images, entering ‘Not Guilty’ to the remaining three charges.
The former part-time Coleraine supermarket worker, who lives in the Eastermead area of Ballymoney, was at a previous hearing revealed to have particular challenges BUT was accessed and deemed competent to stand before the court to be put on his plea, albeit with reasonable adjustments.
A defence lawyer in the case had also previously asked for time to apply to have a registered intermediate (RI) appointed for the defendant.
In passing sentence on Thursday, Crown Court Judge His Honor Patrick Kinney, placed the defendant on probation for a total of 3 years, concurrently on all charges.
The defendant was also placed on the sex offenders register for 5 years.
The court having considered that a Sexual Offences Prevention Order should be made, the following conditions were placed on the defendant,
1. Prohibited from Residing or staying overnight at any address;
2. Prohibited from Owning and/or Using any computer, mobile phone or device which would facilitate Internet access;
3. Prohibited from Using any “cloud” or similar remote storage media capable of storing digital images (other than that which is intrinsic to the operation of the device);
4. Prohibited from Using any social networking (i.e Facebook, Whatsapp, etc);
5. Prohibited from Entering into, or continuing, any romantic or sexual relationship with any person without having made to that person full disclosure of your criminal record and such disclosure having been verified by his Designated Risk Manager.
6. Prohibited from having any unsupervised access, association, contact or communication with young persons under 16 years, or vulnerable adults;
7. Prohibited from Undertaking any activity in paid, private, voluntary or charitable capacity that affords access to young persons under 16 years or vulnerable adults;
8. Prohibited from Refusing police or his Designated Risk Manager access to his property at a reasonable time to ensure compliance of the Order.
Any variations to these conditions must be approved in advance by the defendants’ Designated Risk Manager.
The Judge also made an order for the destruction of the indecent images relating to this case.
For the three other charges to which the defendant pleaded ‘Not Guity’, the Judge ordered that these charges be ‘left on the books’.