A MAN has appeared in court in Bantry charged with sexual assault. Businessman John Murphy (56), Church Gate, Castletownbere, was charged yesterday with six counts of sexual assault of one woman and one count of sexual assault of another woman in west Cork.
Garda Caroline Guest gave evidence of arrest, charge and caution and told Castletownbere District Court, sitting in Bantry, that Mr Murphy had nothing to say when the seven charges, which relate to dates in 2009 and 2010, were put to him after caution.
Garda Insp Colin Collins said it was expected the matter would be dealt with by way of indictment at Circuit Court level. Judge James McNulty adjourned the matter until April 28th to allow for service and preparation of a book of evidence and remanded Mr Murphy on bail.
The judge refused an application by solicitor Dermot Conway to restrict media reporting of details of the case. Mr Conway referred to an internet website which said Mr Murphy had been charged with sexual assault and carried photographs. He said that aside from being highly prejudicial to his client, he also believed the publication of such details via the website amounted to a criminal offence under the Criminal Law Rape Amendment Act.
Mr Conway said he was seeking “a blanket ban on the publication of the story” for the benefit of both Mr Murphy and the complainant. While it was unusual for a defence solicitor to make such an application in relation to an injured party, he did not believe it was legally prohibited.
Judge McNulty said he was conscious of the constitutional provision that justice would be seen to be done in public and the reportage of people appearing before the courts was an important right for the public to see justice was done.
Judge McNulty said he did not see any reason to put any prohibition in place other than a ban on reporting the name of the complainants and any details that would identify them. It was a matter of public record that Mr Murphy had been brought before the courts, he added.
However he cautioned that it was important to remember that being charged did not mean someone was guilty and that Mr Murphy, like anyone else before the courts, was innocent until proven otherwise.