A “dodgy box” TV streaming service that allowed thousands of customers in Ireland to illegally access subscription channels has been shut down after its operator was released from custody to organise its closure.
A sitting of Naas Circuit Criminal Court heard that King Kong Media, a business which charged customers for codes to illegally access TV streaming services from an app they were told to download through social media, is no longer operational.
Counsel for the DPP, Seoirse Ó Dúnlaing, told the court that “King Kong Media is no longer available to subscribers”.
Ciaran Donovan, 41, a married father of two from Ashfield, Kildare town, had pleaded guilty to a single charge of possessing the proceeds of crime contrary to the Money Laundering and Financing of Terrorism Act from selling the King Kong Media app between January 2016 and March 2022.
The app which provided an illegal streaming service allowed viewers to access subscription TV channels from around the world including Sky Sports and BT Sports for an annual fee of around €70.
The court had previously heard that the “dodgy box” service had cost the operators of pay TV channels over €2 million in lost revenue.
Mr Donovan, who currently works as a crisps salesman, had been remanded in custody for over a month pending the finalisation of the sentencing in his case, despite pleas by his legal representatives to allow him to remain on bail due to his family circumstances.
However, he was released from prison on 21 May to allow him to arrange the shutting down of the illegal streaming service.
On that date, Mr Ó Dúnlaing proposed what he claimed was an “unusual” request that the defendant should be released on bail under strict conditions in order to facilitate the closure of the service.
They included that Mr Donovan gave a commitment to meet a representative of Sky TV and a member of An Garda Síochána to hand over details of certain codes and web addresses.
The accused was also required to put a notice on Telegram and other social media platforms that the service had been cut off.
Mr Ó Dúnlaing said the prosecution was in a “chicken and egg” situation as the court had signalled it would take Mr Donovan’s attitude towards closing down the service into account when delivering its sentence for his conviction.
Judge Martina Baxter was also informed that Mr Donovan was facing a second set of related charges before Naas District Court over the continuing operation of the service.
The judge had delayed finalising the sentence for his conviction in order to hear the outcome of the second set of charges.
She noted that it appeared the new offences had occurred when Mr Donovan was out on bail which meant the issue could be treated as an aggravating factor.
When the case came before the court today for an update, Mr Ó Dúnlaing said the District Court matter would be dealt with on 5 June when the accused was expected to enter a signed plea.
When the judge asked about the status of the defendant, counsel for Mr Donovan, Desmond Hayes BL, said his client had cooperated with the suggestion that he should take down the illegal streaming service.
‘Continuous criminal act’
Judge Baxter retorted that there had been a “continuous criminal act”.
However, Mr Hayes observed that Mr Donovan’s actions were “of material assistance”.
The accused had given an undertaking last January to close down his illegal operation as part of his bail conditions.
Mr Hayes noted that the prosecution had been “caught between a rock and a stone” in relation to keeping the accused in prison.
Judge Baxter said she would regard the assistance provided by Mr Donovan as a mitigating factor and acknowledged he had spent some time in custody.
However, she also stressed that he had been convicted of “serious charges” and had been granted bail in “quite exceptional circumstances”.
Mr Donovan was remanded on continuing bail to a date in July when sentencing in his case will be finalised.
During earlier court appearances, Mr Donovan claimed to have had around 3,500 paying customers for his illegal service, although there was no way of tracking if they had taken out monthly or annual subscriptions.
The court heard that Mr Donovan had admitted being involved in the illegal activity for five years, while a total of €470,511 had passed through bank accounts linked to his operation of King Kong Media.
