A MIDLANDS garda was sent forward for trial to the Circuit Criminal Court in Dublin yesterday. He is charged with sex offences against a male between February 1987 and October 1994.
The garda, who is in his early 40s, has been suspended from the force since 1994. He is accused of three counts of buggery and two of indecent assault.
At the Midlands Circuit Court in Portlaoise yesterday, an application was made before Judge Anthony Kennedy to transfer the case to Dublin.
Mr William Fennelly BL, instructed by Mr Brian Hutchinson, solicitor, explained that the accused had been a member of the Garda Siochana in the area for 19 years. During that time he would have crossed swords on a number of occasions with a great many, local citizens. Arising out of that, the accused was anxious that the case should not be heard in the local area.
Mr Fennelly explained that the garda's bail had been revoked after the State made the case that an attempt had been made by the accused to interfere with a witness in order to prejudice the case. Bail was withdrawn for a short time, but he was readmitted to bail on strict conditions by Judge Mary, Martin in the District Court.
The case had attracted local and national media attention. This sort of information once in the public domain, particularly in a small, rural, local environment, would have serious implications for a person going before a jury on serious charges.
Mr Fennelly argued that there were particular and unusual circumstances pertaining to the case. He was applying for its transfer to Dublin so that a certain distance could be put between the accused and the jurors. "There is a serious risk of injustice to the accused in this particular case," he said.
Mr John Phelan BL, instructed by Mr Donal Dunne, State solicitor, said the State was supporting Mr Fennelly's application. The case had already attained a certain degree of notoriety. The garda was already before Dublin Circuit Criminal Court arising out of separate matters, and a trial was scheduled to take place next February.
Mr Phelan suggested that it might be expeditious to have both the separate matters dealt with at the same time, and Judge Kennedy granted the application.