Scott Fitzgerald 46

Description

A British army medic, who unwittingly bragged about sexually touching a child to an undercover Police officer in an online chat room, has been jailed for three years and ten months.

Jersey-born Scott Robert Fitzgerald (41) appeared this morning in the Royal Court, where he was sentenced for touching a girl under 10 in a sexual way, and two counts of possessing indecent images of children.

Crown Advocate Matthew Maletroit, prosecuting, told the Court that Fitzgeralds offending was discovered due to contact between the defendant and an undercover Police Officer from the UK posing as a fellow sex offender on an online instant messaging platform using the pseudonym Chris.

The Court heard that the defendant had unwittingly divulged his sexual interest in children to the undercover officer, believing him to be a like-minded man with a young daughter willing to meet up with Fitzgerald so that he could engage in sexual activity with her.

The sexual touching offence took place when Fitzgerald was on leave from the British Army and after he and Chris had begun their online dialogue.

Authorities in the UK alerted the States of Jersey Police when Fitzgerald had bragged to the officer about having touched the child sexually - which he described as tickling - telling him that she loved it." Fitzgerald had also sent Chris pictures of the girls underwear.

The girl referred to in Court only as Child X was interviewed about the offence where she said that she and the defendant had had a little tickle".

After Fitzgerald was arrested for the sexual touching offence, indecent images of children were found on his phone and laptop. There were 10 in total, but one was duplicated, meaning there were nine overall.

Making recommendations for sentencing, Crown Advocate Maletroit said that Fitzgerald had positioned the child and tickled her in a manner that gave him sexual gratification.

The prosecutor noted that during Fitzgeralds conversations with the Probation Service and with a psychologist and psychiatrist who were compiling background reports about him for the Court, he struggle[d] to take any responsibility for his actions.

He claimed that he had made up a narrative to enable him to contribute to the chat room and attract others and that he was trying to catch the user out and right a wrong.

The Crown Advocate also asked the Court to consider further evidence of alleged sexual misconduct carried out in the UK, including 31 more images found on a device at Fitzgeralds accommodation in the UK, and more online chat conversations purportedly showing he was seeking sexual contact with other children.

He invited the Court to impose a prison sentence of four years as well as handing down orders which would restrict his contact with children under 16 and his internet use.

Advocate Luke Sette, representing Fitzgerald, described the Crowns recommendation of a four-year jail term as excessive.

He acknowledged that whilst the charge of sexual touching is unsavoury, it falls towards the lower end of the spectrum.

Advocate Sette characterised his client as a broken man; a man that needed fixing, and, after attempting suicide in prison, someone now wanting to fix himself.

The case was brought before a panel of five Jurats Austin-Vautier, Christensen, Blampied, Ramsden and Thomas who, sitting as the Superior Number only assemble to hear the most serious of cases.

Handing down the Courts decision, the Deputy Bailiff addressed Fitzgerald directly, telling him: It is clear that you have a strong sexual interest in little children. He later added: It is of concern to us that you have minimised your behaviour.

Deeming him to pose a threat of serious sexual harm, the Court sentenced him to a jail-term of three years and ten months.

Fitzgerald will remain on the Sex Offenders Register for a minimum period of ten years. The Court also imposed a restraining order to prevent Fitzgerald from ever contacting his victim again.