Phillip James Barnes in Coffs court over child abuse material

A man thought he was sending a naked photo of himself to a 13-year-old girl, but the other party in an online chat was a special police investigator. What Coffs Harbour court heard.

A man who sent a naked image of himself to a fictitious 13 year-old-girl told a court he had “no idea” how photos of underage girls were found on his phone.

Phillip James Barnes, 65, appeared at Coffs Harbour District Court on Monday (August 29) after he was charged with multiple offences last year.

Occurring over a four day period, police facts claim Barnes engaged with a ‘13-year-old girl’ on a website, who was in fact an investigator with the NSW Police child exploitation internet unit.

Police alleged Barnes asked the ‘girl’ to speak on Google Chats, where he asked her for pictures of her “panties”, and “pussey”, and then sent her a photo of himself naked.

The court heard an additional 41 images deemed as child abuse material were hidden on Barnes’ phone using an encrypted app, “lockmypix”.

Phillip James Barnes outside Coffs Harbour District Court on Monday.

The court heard Barnes had visited an Optus shop in an attempt to have these images encrypted – which he denied in court, stating he asked Optus only to assist in transferring files to a new phone.

He pleaded not guilty to using a carriage service to solicit child abuse material but pleaded guilty to using a carriage service to send indecent material to a person (under 16) and possess/control child abuse material.

Appearing in court, Barnes said he was unsure how the child abuse images had gotten on his phone.

Judge Jonathan Priestley questioned this, asking him how images could have “magically” appeared on his device.

Barnes said: “I have no idea. I don’t download that type of material.”

The accused told the court he had suffered from loneliness and depression in recent years.

“I got divorced, my mother passed away, my son got hurt. Everything comes down in one,” Barnes said.

Barnes told the court he was disgusted by his actions.

“I’m ashamed of myself, I’ve embarrassed myself,” he said.

Barnes said he had no intention of meeting up with the fictitious girl he was chatting with online.

His lawyer, Peter Davies, said it was a victimless crime and an act of fantasy but added “children somewhere have been forced to have these photos taken”.

Mr Davies said Barnes suffered from cognitive confusion, loneliness, suicidal ideation, anxious rumination, major depressive order and adjustment disorder which should be taken into account.

Occurring over a four day period, police facts claim Barnes engaged with a ‘13-year-old girl’ on a website, who was in fact an investigator with the NSW Police child exploitation internet unit.

Prosecutor Joseph Healy suggested to Barnes he was “in denial” of having the images on the phone.

Mr Healy told the court he worried Barnes displayed an inability to fully acknowledge the offences, but accepted evidence of hardships and some prospects of rehabilitation.

Mr Davies asked the court to consider his early guilty plea, as well as the 42 days spent in custody before release, and his client’s poor mental state.

He told the court Barnes has a son who requires mental and physical care following injuries sustained in an accident.

“There is grave risk of self-harm if his father is incarcerated,” Mr Davies said.

He acknowledged the offences carry jail time, but noted Barnes was proactively seeing a psychiatrist in an attempt to heal.

The court heard Barnes had been suffering from sciatica as well as eye problems that required medical attention.

Judge Priestley said it seemed “dubious and unbelievable” that the pictures “magically appeared” on Barnes’ phone.

Mr Priestley acknowledged Barnes was remorseful, but remarked he “must be in another fantasy” if he believes the images were placed on his phone unknowingly.

Barnes is to appear at Coffs Harbour District Court on September 7 for judgment.