Garda to be tried in Circuit Court

A DISTRICT COURT judge yesterday refused jurisdiction in a case of a garda accused of viewing child pornography, arguing that having images of the sexual exploitation of children was not a minor offence.

Judge William Early, after viewing images found on two computers, one at garda headquarters, ruled the garda, who cannot be named following a banning order last week, should be tried in the Circuit Court.

The garda, charged under Section 6 of the Child Trafficking and Pornography Act, is accused of having the images of boys aged between eight and in their teens on two computers at his Phoenix Park workplace and at his home.

The accused did not appear in Dublin District Court yesterday to hear Judge Early’s ruling.

The judge said “about 10” of the images were pornographic and exploitative and the viewing of such material did not constitute a minor offence.

A book of evidence is to be presented at the next hearing, on July 21 in the same court.

His defence has said he will be pleading not guilty.

Judge Peter Smithwick, sitting last week, ruled that the garda’s name not be published in the “interests of a fair trial.”

It followed an application by the defence team and the prosecution did not object.

The man was charged following the discovery last November of images on a computer in garda HQ.

The computer, according to an investigating garda, was found to contain a “lot of homosexual pornographic material,” some of which the possession of could constitute an offence under the Child Trafficking and Pornography Act.

During a search of the defendant’s home, a computer was seized and examined.