The Judge said that “despite searches and detections, the defendant persisted in his criminality”
A Co Armagh man who used the encrypted communication network Encrochat to carry out a “leading role” in criminality was handed a five-and-a-half year sentence today.
Brendan O’Callaghan, from Armaghbrague Road in Tassagh, was sentenced for a total of 16 offences committed over a period from November 9, 2018 to July 7, 2020.
He appeared at Belfast Crown Court via a videolink with HMP Maghaberry and was sentenced by Judge Neil Rafferty KC who divided the term equally between prison and licence.
During Friday’s sentencing, it emerged that 37-year old O’Callaghan used the Encrochat mobile network.
Authorities in France obtained data from a number of devices using the Encrochat service which, due to its highly encrypted communication, was popular with organised crime gangs.
Each Encrochat user had a different name and O’Callaghan used the handles ‘securemail’, ‘Oldwinter’ and ‘BMAN’.
His home was searched three times between July 2019 and July 2020 and on each occasion police seized mobile phones.
Also seized during the third and final search was £2,000 in cash.
The three devices seized underwent forensic examinations and messages were located which indicated O’Callaghan was associated with drug dealing.
Some of the messages include the user ‘securemail’ discussing obtaining ‘cabbage/green’ or herbal cannabis in exchange for cash on March 30, 2020.
In another message the following day ‘securemail’ offers another user ‘slightfrog’ cocaine and says he has £28,750 of ‘polly’ or cannabis resin which is sold between £1,000 and £1,350 per kilo.
On April 2020 ‘securemail’ and a user called ‘greycoat’ discuss obtaining cocaine which they describe as ‘paint’ and reference £20,000 being paid for the Class A drug.
In messages between April 12 and 16, 2020 ‘securemail’ and ‘greycoat’ discuss payments for further shipments and on one of the phones there was a deal list which kept track of monies owed which include figures as high as £100,000.
Other messages located on the phone include offers to supply Xanax and discussions about Diazepam.
O’Callaghan subsequently pleaded guilty to a total of 16 offences including both being concerned in supplying drugs and offering to supply drugs as well as conspiring to possessing cocaine with intent to supply
He also admitted charges of possessing and transferring criminal property.
Judge Rafferty said he had considered defence submissions made on behalf of O’Callaghan which set out his “traumatic childhood” and “long history of mental health issues, none of which have been helped by his drug addiction.”
Regarding his offending, O’Callaghan told a Probation Officer that after buying drugs for his own use he made connections with people who used him to buy and sell drugs.
The Judge revealed that the father-of-two meets the criteria of having a learning disability.
He commented: “Whilst suffering from a learning disability he (O’Callaghan) was functional enough to have followed learned routines and past procedures which meant he could function in the drug world.”
Judge Rafferty set out several aggravating factors which included O’Callaghan “leading role” and his use of the Encrochat network “to facilitate his role and prevent detection.”
The Judge added that “despite searches and detections, the defendant persisted in his criminality.”
As well as imposing the five-and-a-half year sentence, Judge Rafferty also made O’Callaghan the subject of a five-year Serious Offences Prevention Order.
The case concluded when he issued a Destruction Order for the drugs, phones and other paraphernalia seized.
Speaking after the case, Detective Inspector McCamley from the PSNI’s Organised Crime Branch said: “Throughout the case we worked closely with partners, including prosecutors from the Public Prosecution Service and the NCA. The latter collaborated with Europol and French authorities to gather evidence, which was in turn shared with, and used to assist, our Police Service investigation.
“It’s thanks to such collaborative efforts, backed up the digital forensic evidence recovered by detectives from the Police Service’s Cyber Crime Centre, that we are able to bring Brendan O’Callaghan before Court.
“This is an example of our ongoing commitment to bring those involved in criminal activity to justice. Working alongside our partner agencies, we will continue to disrupt the movements and activities of organised crime groups, who bring nothing but harm to the most vulnerable within our communities.”
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