A man is facing trial on charges of having more than 300 child sexual abuse images at his home almost seven years ago.
When the case was mentioned before Judge Desmond Zaidan at Athy District Court on Tuesday, the judge said the 335 files of alleged child sexual abuse material were “at the upper end of child pornography”.
The man’s solicitor, Seamus Boyle, told the judge his client is denying the charges and asked the judge to continue a reporting restriction preventing him being identified.
The family live in a small community, his child is involved in various activities in the area and he did not want the “alleged sins of the father” visited on the child, Mr Boyle said.
The judge said there was no automatic right to a reporting restriction in the case because identifying the man would not result in identification of the children in the images.
Because he had sympathy for the man’s child, and the mother of the child, he would continue the reporting restriction, the judge said.
The “irony” was the restriction was sought in the context of alleged possession of child abuse material, he observed. “He is presumed innocent so the less I say the better.”
When the judge queried why it had taken until last year for the Director of Public Prosecutions (DPP) to direct a trial on indictment when the material was seized in July 2018, the Garda court presenter said he could not answer that.
Given the serious nature of what was before the court, the judge said he was a “bit astounded” by the State’s position, as the court presenter was the “face of the DPP here”. While not blaming the court presenter, he wondered if the court has the power to put the matter back at this juncture for a book of evidence.
He would use his discretion to adjourn because of the allegations involved and the right of the alleged “silent victims” to justice, the judge said.
There might be good reason for the delay, he added.
The matter was put back to next May for presentation of the book of evidence.
