A former community welfare officer accused of possessing child pornography videos will challenge in the High Court a judge's decision to allow him and his lawyers access to the videos only in the presence of a garda at Letterkenny Garda station.
Mr Daniel Harkin of Ballyraine, Letterkenny, was given leave to seek an order quashing the decision of Donegal Circuit Court Judge John O'Hagan regarding access to the videos and to seek a prohibition order preventing the DPP from taking further steps in the criminal proceedings against him.
In granting leave, Mr Justice Kinlen said he did so with "some doubt".
In an affidavit, Mr Niall Sheridan, solicitor for Mr Harkin, said his client had appeared in Letterkenny Circuit Court on October 5th on charges under the Child Trafficking and Pornography Act 1998.
It was alleged Mr Harkin knowingly had child pornography in his possession on October 17th, 1998.
Among the 203 exhibits in the case were numerous videotapes and cassette tapes.
A letter from a representative of the DPP said the State would be relying on five videotapes in the case, the solicitor said.
Mr Harkin's trial was scheduled for the week beginning February 7th.
Mr Sheridan said having a garda in the room at the time of viewing and access to the exhibits would greatly restrict the right of Mr Harkin to mount a defence in the case and would undermine his constitutional rights. The decision allowing the garda to be present was also contrary to the principles of natural justice and fair procedures.