November 2016

Man jailed for sending a video of a child being raped in group chat

A MAN has been jailed for posting a video of a child being raped on a mobile phone messaging chat group.

Emanuel Diniz, aged 32, of Heol Tirbach, was sentenced at Cardiff Crown Court for one count of distributing an indecent photo of a child. He had pleaded guilty at an earlier hearing.

The court heard police in north Wales were investigating a man’s telephone when they came across the Kik messenger application which can share files.

Officers discovered a chat group discussion about child sexual offences which also shared photos.

They found someone under the username of Diamond Sally had posted a 44 second clip to the group. The video was a category A – the most serious- and showed a young girl being raped.

This username was traced back to Diniz.

The court heard Diniz said he adopted a woman’s identity to enable him to access a gay female group chat for adult pornography.

The court heard on August 5, of this year, Gwent Police officers executed a search warrant at the defendant’s home. Gareth Jones, prosecuting, said the defendant was not at home but later attended Ystrad Mynach Police Station where he told officers his mobile phone was destroyed somewhere near Taunton in Somerset.

Mr Jones said: “It is the prosecution’s view that this wasn’t inadvertent. He did know what he sent.”

Marian Lewis, defending, said Diniz is a married man and has been the in a relationship for 13 years.

She said: “He has been a hard working and conscientious husband and father throughout that time. This offence has come as a shock to everybody.

“He is fully aware he has let everybody down.”

The court heard he has no previous convictions.

Judge Michael Fitton QC sentenced Diniz to 16 months imprisonment and made him the subject of a sexual harm prevention order for 10 years.

He said: “You have unfortunately for you not felt able in interview with the probation service to be candid about what happened or about what you did. You told the author of the report you didn’t know the nature of what you were sending.

“The prosecution are right in taking issue with that. I regard it as obviously dishonest.”

The judge said the defendant’s guilty plea cannot be ‘watered down’ by what he said to the probation service.

The defendant will also be on the sex offenders’ register for 10 years.