Move to strike out assault charge is refused

A judge refused to strike out an assault charge when a solicitor claimed his client had been prejudicially affected by media coverage.

Judge Eugene O’Kelly also refused a call by solicitor John Devane to have journalists and representatives of the Irish Independent, Evening Herald, and Sunday World attend court to account for news items he claimed linked the accused to an alleged rape of a woman.

Mr Devane said his client appeared on a bail application at Limerick District last week.

Evidence was given during the application that the alleged assault was linked to the abduction of a woman who was held captive for six days.

Mr Devane said subsequent editions of the Irish Independent, Evening Herald, and Sunday World linked his client to sex offences. He said the accused was charged with assault and with no sexual offence.

This coverage prejudicially affected his client, he said, and he asked that the case be struck out.

He said that, due to coverage, his client was on 23-hour lock-up in Limerick prison, having been portrayed as a sex offender.

He asked that journalists and representatives from the Irish Independent, Evening Herald, and Sunday World be asked to attend court to account for their articles.

Sgt Donal Cronin said the application to strike out the assault case was not appropriate and if the matter went to trial, issues raised by Mr Devane could be dealt with then.

Holding a copy of the Evening Herald, Judge O’Kelly said the report was based on a mother saying she was raped and there was no reference to the accused.

Judge O’Kelly refused Mr Devane’s request to call journalists to court.

Regarding a story in the Sunday World, Mr Devane accepted that a picture of a man holding a gun, with his face pixellated, was his client, but said the gun was an imitation firearm.

Judge O’Kelly said there was nothing in the Sunday World article to suggest the subject of the story was Mr Devane’s client.

If a rape charge was to be brought, Judge O’Kelly said, a trial would not take place until next year and any danger that a jury might link coverage to the accused would be less.

If that was not satisfactory, he said, an adjournment could be sought to allow for the ‘fade factor’ to set in.

Judge O’Kelly suggested Mr Devane raise his concern with the Press Council.

He also refused to reconsider his refusal to grant the accused bail on the basis that he is now on 23-hour lock-up in prison.

He remanded the accused in custody to the same court on June 18.