A Killarney-based garda was charged yesterday with stealing a purse, a Panadol tablet and €190 from a colleague last August.
Garda Michael Fitzgerald (52) was charged at Killarney District Court with stealing property belonging to Sgt Mary O'Shaughnessy on August 6th, 2003, at Killarney Garda station.
Garda Fitzgerald told Judge James O'Connor that he was electing to be tried at the Circuit Criminal Court, and not the District Court.
His solicitor, Mr Pádraig O'Connell, said his client was "totally innocent".
Mr O'Connell said the application for the summons only took place on Wednesday, after the Kerryman newspaper had already published a report on the incident.
Mr O'Connell said it was "quite inconceivable" that before a summons was issued, not to mind served, the media should have published the details. He said his client's constitutional rights and rights to natural justice had been invaded.
Mr O'Connell handed a copy of the Kerryman front page to the court.
Other publications had also published details and there had been a headline on an Internet site under the heading "bad guard", he said.
Mr Aidan Judge, prosecuting, said this was the first he had heard of the matter of publicity.
However, this was not the first case affected by publicity and afterwards prosecution had taken place, he said.
Judge James O'Connor said the accused had opted for trial at the Circuit Court and he was therefore dealing with a procedural matter.
It was a matter to be argued by Mr O'Connell in the Circuit Court.
Judge O'Connor adjourned the matter to May 4th next when the book of evidence is to be served.