Identity protected in child-porn case

A District Court judge in Ennis yesterday prohibited the publication of the identity of a County Clare man facing child pornography charges.

The Ennis man appeared at District Court yesterday in relation to allegedly viewing images of child pornography, contrary to Section 6 of the Child Pornography and Trafficking Act, 1998.

Making an application on behalf of the accused man, solicitor Mr Shane O'Brien expressed concern that the man's identify would be made known.

He said: "My client is in a second relationship and has two young children and he has concerns that he would be identified at this time."

Mr O'Brien told Judge Con O'Leary that a colleague of his had made a similar order.

In response, Judge O'Leary said: "Don't ever tell me what other judges do."

The judge asked for the State's response and the State solicitor, Mr Martin Linnane, said he would be opposing any move to conceal the man's identity, pointing out that it should be made known to ensure transparency in the court system.

Judge O'Leary said: "What if the prosecution ultimately fails and in today's climate, there is a penalty to be paid by the man in identifying him at this time, even though he might be found not guilty at the end of the trial?"

Judge O'Leary said that he would prohibit the man's identity from being published.

Mr Linnane said that the DPP was willing to have this case dealt with in the District Court if there was a plea of guilty, otherwise the case would be dealt with by indictment.

Judge O'Leary granted applications to allow the defence to obtain statements from the gardaí and the relevant computer disks in the case.

The case was adjourned until April 4th.