Newspaper report delays garda child porn trial

Judge Michael White has advised that the Director of Public Prosecutions should instigate an investigation into the publishing by Ireland on Sunday of an article giving intricate details of the upcoming trial of a garda accused of possessing child pornography.

Garda Darach Kennedy (aged 38), based at Garda Headquarters, Phoenix Park has pleaded not guilty at Dublin Circuit Criminal Court to two charges of possession of child pornography on November 7 and December 11, 2002.

The Ireland on Sunday article, bylined "Marie Nolan", named the garda and purported to report on the argument his defence team was to put forward at the trial which was scheduled to begin today.

Mr Breffni Gordon BL, for Gda Kennedy, applied to have the trial adjourned until the matter was investigated on the basis that the newspaper article would prejudice a fair hearing for his client.

Judge White said it was his view that if a juror had read this article it would damage the prosecution case rather than the defence case. He added that he did not believe it would prejudice a jury panel if it was properly charged by the trial judge.

Judge White suggested to prosecuting counsel, Ms Mary Ellen Ring SC, that it was a matter of inquiry for the DPP.

He said it was a very serious issue and demonstrated the need for "the press to live up to its responsibilities".

The case has been adjourned for mention again on Friday.