A 55-year-old solicitor has walked free from Dublin Circuit Criminal Court after Judge Desmond Hogan directed the jury to find him not guilty of possession of child pornography at his home.
Eugene Fanning (55), of Ailesbury Road, Ballsbridge, denied having 27 pornographic images between January 29th, 2001, and February 27th, 2002, at his home.
Judge Hogan directed the not-guilty verdicts on all charges, on the fourth day of the trial, following legal submission from Patrick Gageby SC (with Ms Marion Berry BL), defending, that the memo of Mr Fanning's interviews with gardaí should not go to the jury.
Judge Hogan said he agreed with Mr Gageby that a "parallel informal interview" was conducted by gardaí with Mr Fanning, in conjunction with a formal interview that was being taken down with the possibility of it going forward as evidence in court.
Judge Hogan ruled that the informal interview began after Mr Fanning had been officially cautioned by gardaí and that he was satisfied that questions and answers from this interview had made their way into the formal memo.
He therefore concluded that neither this memo nor a second one, which had referred to answers in the first, should go to the jury as it would be too prejudicial to the accused.
Una Ní Raifeartaigh, prosecuting, told Judge Hogan that the Director of Public Prosecution wouldn't be able to proceed with the case in the absence of the memo of Mr Fanning's interviews and applied for a nolle prosequi (no prosecution) to be entered.
Judge Hogan refused this and granted a request from Mr Gageby that the jury be told to enter a not-guilty verdict on each of the 27 charges by direction of the trial judge.
He thanked the jury for its service and discharged Mr Fanning from the case.