Top Adelaide cardiologist Andrew McGavigan accessed 9235 child abuse files because of stress and depression, court told

A top Adelaide cardiologist’s interest in child abuse material was driven by “fantasy”, not sexual attraction, a court has been told.

A prominent cardiologist who downloaded more than 9000 child abuse images and videos was dealing with “untreated depression, overwork, sleep deprivation and significant personal and work stressors” at the time, a court has heard.

Professor Andrew McGavigan, 48, of Hawthorn, downloaded the material on five occasions over four separate days within a 17-day period between September 22, 2020 and October 9, 2020.

He appeared in the District Court for a pre-sentence hearing on Monday where he also pleaded guilty to a charge of using a carriage service in an offensive manner between May 31, 2020 and December 6, 2020.

That charge related to “particularly lurid” online chats of a sexually explicit nature which involved asking another person to role play as a young girl and to source a young girl for sexual activity.

McGavigan previously pleaded guilty to charges of accessing and possessing or controlling child abuse material using a carriage service.

Heath Barklay SC, for McGavigan, said his client was emotionally attracted to the “taboo nature” of the material which was “fantasy driven”, rather than having a sexual attraction to children.

Andrew McGavigan leaves court after an earlier hearing. Picture: NCA NewsWire / Brenton Edwards

He said his client had downloaded the files, which arranged the images “automatically” into folders and “clicked on a smattering” of the files at the time but did not return to view them later.

“Ultimately, your honor, the offending occurred in the context of untreated depression, overwork, sleep deprivation and significant work and personal stressors.”

He said Glasgow-born McGavigan came to South Australia in 2007 and was a highly regarded cardiac specialist who was also a member of numerous boards and associations including the Cardiac Society of Australia and New Zealand.

McGavigan was director of cardiac electrophysiology and pacing for the Southern Area Local Health Care Network and has authored more than 50 clinical papers, reviews and book chapters.

He said McGavigan’s “pursuit of excellence in the career that he had chosen took its toll on him”.

McGavigan’s registration as a medical practitioner has been suspended by the Australian Health Practitioner Authority.

Mr Barklay said his client was unlikely to reoffend and urged the court to either suspend or allow McGavigan to serve any period of imprisonment imposed on home detention, for reasons including his undiagnosed and untreated depression, early guilty pleas, genuine remorse and contribution to medicine and community.

“He has an acute fear of being sent to prison,” Mr Barklay said.

“This was his life, his identity and as a result of these charges, all of that is gone.”

He said McGavigan had attempted to delete the material, or thought that he had, which may have been why the police were only able to access just over 4000 of the 9235 files, prosecutors described as containing “predominantly child abuse material”.

Jeff Powell, prosecuting, said McGavigan’s offending was a “serious example” of its type given the thousands of files, which were downloaded to the cloud.

He said McGavigan continued to download the material during the 17-day period despite knowing his conduct was wrong and illegal.

He said the offending helped fuel the market for abhorrent child abuse material and the offending which creates it.

“The possession of this material is not a victimless crime,” he said.

“The children suffer and additional layer of trauma living with the knowledge that images of their abuses exist in perpetuity and may resurface at any time. The images and abuse lasts forever.”

He said an immediate term of imprisonment was the only appropriate penalty.

Judge Julie McIntyre is expected to impose sentence later in August.