A TEENAGE BOY who used his phone to film young girls undressed in a changing area at the National Aquatic Centre in Dublin has been spared a custodial sentence and a criminal record.

The 17-year-old “exceptionally gifted student”, who cannot be named because he is a minor, had pleaded guilty to two offences under the Child Trafficking and Pornography Act for knowingly possessing two videos on his mobile phone at the centre in Blanchardstown on a date in 2022. He was aged 14 at the time.

Garda James Grogan had said the teen used his phone, which was placed on a kiosk floor, to film girls aged five and nine as they were undressed, and breast and vagina areas were visible.

One of them was not identified.

Judge Paul Kelly noted the victim impact statement at today’s sentence hearing at the Dublin Children’s Court.

The older girl’s parents pointed out that “she was traumatised going to changing rooms about what might happen at future events”.

He was also furnished with a pre-sentence probation report on the schoolboy, accompanied by his mother and father.

Judge Kelly highlighted how the teenager had engaged fully with the Probation Service, which confirmed that he excelled academically.

He has been barred from swimming due to the offence, and the judge expressed hope that would give some comfort to the victim.

The report placed him at low risk of reoffending but mentioned concerns that he lacked social activities which would help him navigate life’s complexities and nuances.

In a mitigation plea, defence counsel Doireann McDonagh told the court her client, who had moved to Ireland a few years before the incident, had experienced bullying and separation from one of his parents due to Covid.

However, since his arrest, his parents sent him to intensive therapy.

Described in court as an “exceptionally intelligent young man”, the judge also heard he had no prior convictions and cooperated fully with the Garda investigation. He also said there was nothing in his background to suggest criminality.

The barrister pleaded with the court to spare him a conviction but raised concerns that applying the Probation of Offenders Act could still show up in intensive vetting procedures.

The judge said he would require more information on that because it would be against the spirit of the Act.

Seeking leniency, counsel also stressed his young age and mental health issues when the offence happened.

Finalising the case, Judge Kelly refused to strike out the charges.

He said he had considered the boy’s exceptional engagement, cooperation and immediate admissions. The youth, who did not address the court, had written a letter of apology, which the judge ordered to be forwarded to the victim, who did not have to attend the hearing.

He applied the Probation of Offenders Act, sparing him a recorded conviction and a sentence saying it would allow him to get on with his life.

He agreed that the boy’s lawyers would have liberty to re-mention the case in future if the order later led to a vetting issue.

Earlier, Garda Grogan provided a timeline for handling the case. He said the juvenile complainant had to be interviewed by a specialist, which took place in July 2022.

The phone seized had to be technically examined, and the officer received a complete analysis and extraction report in October 2023

A second video was also found on the phone and had to be investigated, and efforts were made to identify the second juvenile.

Garda Grogan told McDonagh, instructed by solicitor Yvonne Bambury that the teen gave a statement of admission during his interview in September 2023.

Then, the officer sent the investigation file to the Garda Youth Diversion Programme, which found the case unsuitable for a caution.

Another matter was dealt with through the juvenile diversion programme.