Man accused of coercive control and harassment of woman granted anonymity
The defence agreed with the judge that the restrictions were not for the benefit of the accused. File picture: iStock
A Dublin man accused of harassment, coercive control of a woman, and threatening to share "intimate" pictures, has been granted anonymity over the complainant's consent that he could be named.
The accused, 55, faced his second hearing before Judge Bryan Smyth at Dublin District Court on Monday. He had been initially granted bail in October after gardaí charged him with three offences.
The defendant denies the charges and was not named in the media to protect the alleged victim's identification, provided for in the Harassment, Harmful Communications and Related Offences Act 2020.
However, when the proceedings continued today, the defence barrister Keith Spencer asked Judge Smyth to grant an order for anonymity to his client. Court Garda Sergeant Michelle Lynch told Judge Smyth that she had a note from the investigating detective who had spoken to the woman and "there is consent to the suspect's name being given".
She said that she did not have full details, but the detective had discussed the reporting restrictions with the woman and "she has given consent to the accused being named".
However, Sergeant Lynch added that she was not sure if the complainant was aware of what that meant, and suggested that if needs be, the issue could be revisited by the court on the next date. The complainant was not in court.
The defence agreed with the judge that the restrictions were not for the benefit of the accused. Mr Spencer also submitted that the information given was hearsay and the complainant was not present to inform the court.
A solicitor for the Director of Public Prosecutions (DPP) said there was consent to the defence application. Judge Smyth granted the order.
The DPP has directed "trial on indictment" in the Circuit Court, which has broader sentencing powers. A book of evidence has to be completed before the District Court grants a trial order.
Judge Smyth ordered the man, who did not address the court, to appear again in five weeks.
He is accused of harassing the woman at various locations in the State over 16 days in February 2021. Under section 10 of the Non-Fatal Offences Against the Person Act, that offence carries a maximum seven-year sentence.
He had a connected charge for persistently engaging in controlling or coercive behaviour with a person with whom he was or previously had an intimate relationship, which had a serious effect on the injured party. It is an offence contrary to section 39 of the Domestic Violence Act, which can result in five years' imprisonment.
The final charge was under the Harassment, Harmful Communications and Related Offences Act 2020 for threatening to distribute or publish intimate images without consent with intent to cause harm. On conviction, it can carry a maximum seven-year sentence.
Under the 2020 law, the media cannot report "any information" that could lead to the identification of the complainant. At the first hearing in October, Judge Smyth noted that gardaí still needed to canvass the woman on this issue.
The court heard that in reply to each count, the accused had said: "I deny that charge". He has been warned to have no contact with the woman, stay away from two areas in Dublin, sign on twice a week at his local garda station, and reside at his home address. He was also ordered to give gardaí his mobile phone number.
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