A Donegal man charged with possessing a large stash of child sex material has been told that a Circuit Court Judge will rule on whether or not to allow his identity to be revealed in the case.
Judge Éiteáin Cunningham told the man, who appeared at Letterkenny District Court, that she was ‘not convinced’ for the reasons for a publication order outlined before her.
A temporary publication order, preventing the media from naming the man – who has been sent for trial to the Circuit Court – was granted.
The man, who is from the east of the county, is charged that he did, at his home address, knowingly have in his possession child pornography to wit, 243 images and 78 videos. The charge is contrary to Section 6 (1) of the Child Trafficking and Pornography Act, 1998.
The man, who is aged in his 30s, did not speak during the brief hearing.
Garda Gillian Page gave evidence of serving a book of evidence on the man at Letterkenny courthouse. Garda Page told the court that the man made no reply when the book was served.
Sergeant Maurice Doyle confirmed that the Director of Public Prosecutions (DPP) has consented for the man to be forwarded to the next sitting of Letterkenny Circuit Court, which commences on January 23, 2024.
Judge Cunningham made an order returning the man for trial and administered the alibi warning. A section 56 order, relating to tapes of interviews, was also made.
Ms Alison Parke, solicitor for the accused man, asked that two legal counsel be assigned in the case. Legal aid was previously granted to solicitor Mr Frank Dorrian.
Judge Cunningham noted that this is ‘not a case where a publication order naturally follows’.
Ms Parke said the man was concerned about members of his family reading about the case in the media.
“I will leave it in place, but I want it to be raised,” Judge Cunningham said. “It is a temporary order and I am not convinced about the reasons outlined as that would be the reason for every person.”
Judge Cunningham said she ‘sincerely doubted’ if the order would be extended, but added that this was a matter for the Circuit Court Judge.