Bail objection in child pornography trial

GARDAÍ yesterday objected to an application for bail by a man charged with distributing child pornography.

The defendant’s solicitor requested an adjournment to their application after the prosecution said they had objections under Section 2 of the Bail Act 1997.

The 47-year-old man is charged with possessing images on November 5 last contrary to Section 6.1 of the Child Trafficking and Pornography Act 1998.

He is further charged with possessing child pornography for distribution, sale or show contrary to Section 5.1 of the same act on dates unknown between September 1, 2005, and November 7, 2008.

The defendant was initially charged at Swords District Court in north Dublin last Monday. He was granted free legal aid and his case was adjourned to Cloverhill District Court, west Dublin, yesterday.

His solicitor, Fiona D’Arcy, said she was applying for bail. Prosecuting officer Detective Garda Vincent Healy objected to the application because of the seriousness of the alleged offences, which he said could be on the higher end of the scale and the serious potential the defendant might interfere with witnesses.

Gda Healy said there was no history of warrants against the accused. He then proceeded to expand on his reasons for objecting to bail.

Judge Patrick Brady interrupted him and told him he was verging into Section 2 territory and said the garda needed a State solicitor to conduct the prosecution.

He asked the garda to locate a State solicitor who later told the court that she was taking directions from the garda and it seemed there would be a Section 2 objection.

Judge Brady said the defendant was entitled to know what these objections were and said it was wrong that the garda had come without a State solicitor.

Ms D’Arcy asked for an adjournment. Judge Brady remanded the defendant in custody to Cloverhill next Tuesday.

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