There are 33 State witnesses due to be called in the trial of a Co Clare man who is charged with the alleged unlawful possession of 947 videos and 1,725 images of child abuse material on different dates over a two year period.
At Ennis Circuit Court, counsel for the State, Sarah Jane Comerford BL said that 33 witness summons will have to be issued ahead of the trial which is listed to commence next month.
However, counsel for the accused, Aaron Desmond BL asked that Judge Francis Comerford vacate the trial date as he was unable to consult with his client earlier this month due to circumstances outside his and his client’s control.
Mr Desmond said disclosure is sizeable “and I need to go through that – there are a number of counts”.
Judge Comerford said that he didn’t see the sense of issuing 33 witness orders if the defence is not in a position to proceed.
The accused was appearing via video-link from the Midlands Prison and Judge Comerford said to him that if his trial date is vacated it will not be until the New Year before it could proceed.
In response, the man said that he would do whatever his solicitor, John Casey recommends.
Judge Comerford further remanded the accused in custody to appear before court on October 13th but vacated the trial date and left the matter for mention.
Judge Comerford told the court that one way or the other a jury trial won’t be heard until the New Year.
In the case, the man – who was of no fixed abode before being held on remand in custody – appeared in connection with 14 child abuse material and child exploitation charges.
In nine of the 14 charges, the man is accused of knowingly publishing and encouraging distribution of child pornography for the purpose of distribution, publication exportation, sale or show contrary to Section 5(1) of the Child Trafficking and Pornography Act, 1998.
The date range for seven of the distribution charges is from January 1st 2023 to May 17th 2023 with the other two distribution and publication charges concerning April 23rd 2025 to May 10th 2025.
In one charge, the man is accused of on April 9th 2025 at an Ennis address of having in possession 1,559 images and 794 videos of child pornography on a ZTE Axaon Mini mobile device contrary to Section 6(1) of the Child Trafficking and Pornography Act, 1998.
A number of weeks later, the man is accused of on May 10th 2025 at the same Ennis address of having in his possessions 22 images and 26 videos of child pornography on a Samsung galaxy A14 mobile device contrary to Section 6(1) of the Child Trafficking and Pornography Act, 1998.
The man is also facing child pornography possession charges from two years previous at the same Ennis address.
On May 17th 2023, the man is also charged with knowingly having in his possession 92 images and 82 videos of child pornography on a Samsung Galaxy mobile device at the same Ennis address contrary to Section 6(1) of the Child Trafficking and Pornography Act, 1998.
On the same date at the same address, the accused of having in his possession 52 images and 45 videos of child pornography contrary to Section 6(1) of the Child Trafficking and Pornography Act, 1998.
The man is also charged on a date unknown between May 12th 2023 and May 13th 2023 at his Ennis address did by means of information and communication technology communicate with another person, including a child, for the purpose of facilitating the sexual exploitation of a child under the age of 17 years, by that person or any other person.
This charge is contrary to Section 8(1) of the Criminal Law (Sexual Offences) Act 2017.
