Newtownstewart man convicted of sexual communication with girls

A TYRONE man who posed as a child to sexually communicate with young girls has avoided imprisonment.

Don Gailey, (47), formerly of Castle View, Newtownstewart, admitted two counts each of sexual communication with a child, attempted sexual communication and intentionally presenting as a child to communicate with girls.

These offences occurred on dates between January 2 and 16, 2024.

A further charge of attempting to pervert the course of justice by presenting a male relative to Omagh Police Station to falsely contend he committed the offences was left off the court books, on the basis the other matters were admitted.

Dungannon Crown Court heard Gailey created a profile presenting as a 15-year-old boy, using an image of a family member, and followed the Tik Tok accounts of five young girls.

After initial chatting, he asked four of them to describe sexual experiences, often calling them ‘Baby’. Two victims whom police managed to identify were both aged 11 and knew each other from school.

The offending came to light when a phone belonging to one of the victims was confiscated at school.

On receiving the phone, the child’s mother found the messages and alerted the other child’s mother and police.

There were also three unidentified victims, one of whom Gailey asked to ‘talk dirty’ to him and requested an image of her in school uniform.

He then entered into graphic description of sexual activity, asking about her underwear and intimate areas of her body.

Other aspects of the conversations are too graphic to report but alluded to Gailey referring to his genitals.

sexual experiences

Similar requests were made of another identified victim, as well as asking her to describe previous sexual experiences.

While there was communication with a third unidentified child, it did not turn sexual however Gailey accepted it was his intention.

He was arrested and admitted the charges involving the two identified girls.

The following day, Gailey brought a male family member to the police and ‘blamed him for the communications’.

Judge Brian Sherrard told Gailey, “It is hard to conceive of a more profound way to damage his welfare than to ask him to take responsibility for your offending.”

He continued, “You are reluctant to discuss the genesis of your offending and claim no sexual interest in children which is patently incorrect. You knew you were talking to children. The fact there were five individuals elevates the seriousness. You sought images from them further increasing culpability. You are still in denial over your deviant interest in children.”

Initially indicating that an appropriate prison sentence would be 12 months, Judge Sherrard said, “While the public are right to see condign punishment, the court must recognise a relatively short period of imprisonment will serve little by way of protecting children.”

As a direct alternative, Gailey was handed a three year probation order.

There will also be Sexual Offender Registration for five years and a concurrent Sexual Offences Prevention Order for the same duration.