Garda on child porn charges loses legal claim to anonymity

Judge lifts reporting restrictions in District Court after challenge by RTÉ, the ‘Irish Daily Mail’ and Independent Newspapers

Joe O’Connor leaving court yesterday after he pleaded not  guilty to possession of 655 child abuse images at his west Dublin home between  July 30th and  August 2nd 2011. Photograph: Paddy Cummins/PCPhoto.ie
Joe O’Connor leaving court yesterday after he pleaded not guilty to possession of 655 child abuse images at his west Dublin home between July 30th and August 2nd 2011. Photograph: Paddy Cummins/PCPhoto.ie

A garda awaiting trial for possessing more than 650 images of child sexual abuse has lost a legal bid to remain anonymous.

Joe O’Connor (53), who is stationed at a Dublin city centre Garda station but is currently suspended, is accused of possessing 655 child abuse images at his west Dublin home between July 30th and August 2nd, 2011, charges he denies.

The charges, under section 6 (1) of the Child Trafficking Act 1998, relate to images and film files of child explicit sex, child exposure and computer graphic images.

It is alleged he had 92 images of child-explicit sex, 136 images of child exposure, 85 films of child-explicit sex, one film file of child exposure and 341 other computer graphic images of child pornography.

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Earlier in the proceedings it was indicated that the case could be dealt with by the District Court, where penalties are less severe, if he pleaded guilty to the charges.

Pleading not guilty
Yesterday, defence solicitor Matthew Kenny told Blanchardstown District Court his client would be pleading not guilty. This means the case will go for trial at the Circuit Court, which can impose lengthier sentences. Mr Kenny asked for the book of evidence to be served within four weeks to allow the case to be sent for trial as soon as possible as the allegations were a cause of stress and anxiety to his client.

Book of evidence
He also asked for the case to be marked as peremptory against the State, meaning the book of evidence would have to be served by that date. But Judge David McHugh said he would not mark the case as peremptory.

In relation to reporting restrictions challenged yesterday by lawyers for RTÉ, the Irish Daily Mail and Independent Newspapers, the judge held there was no evidence that Mr O'Connor's right to a fair trial would be affected by the lifting of the anonymity order.

Mr Kenny had asked for reporting restrictions preventing the reporting of his client’s name to remain in place as he said his client’s life was in danger. He said Mr O’Connor was a homosexual and if named could suffer an attack or intimidation.

The judge remanded Mr O’Connor on continuing bail to appear again in four weeks.