A Clare GP has told a court in a letter that an east Clare man charged with facilitating the sexual exploitation of a child via a social media App was unfit to attend court.
In the case before Killaloe District Court sitting in Ennis, the 45-year old east Clare man is facing five sex related offences and a Book of Evidence was due to be served on the accused to allow the case to go forward to the circuit court.
Sgt Frank O’Grady told the court there was no appearance from the accused in court and that a letter has been submitted to court by a GP doctor on behalf of the accused who said that the man is unfit to attend court.
Sgt O’Grady said that the letter from the GP “is a bit vague”.
He said: “That is the only point I would make.”
In response, Judge Adrian Harris said that if a doctor says that a person is unfit to attend court he could accept that on the face of it.
The Book of Evidence could not be served in the case as there was no appearance from the accused.
In the case, the accused is charged with on October 4th 2023 that he did communicate via the social media App Kik to facilitate the sexual exploitation of a child under the age of 17 years, contrary to Section 8(1) of the Criminal Law (Sexual Offences) Act 2017
The man is also accused of knowingly produce child pornography on October 21st 2023 for the purpose of distribution, publication exportation, sale or show contrary to Section 5(1) of the Child Trafficking and Pornography Act, 1998 as amended by Section 14 of the Criminal Law (Sexual Offences) Act 2017.
On the same date, the man is accused of knowingly having in his possession child pornography which comprised 30 files of Child Pornography contrary to Section 6(1) of the Child Trafficking and Pornography Act, 1998.
The man is also facing two charges at October 20th
2023 at an unknown place within the State did knowingly produce 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 as amended by Section 14 of the Criminal Law (Sexual Offences) Act 2017
Judge Harris said that he would adjourn the case to November 3rd to Killaloe District Court sitting in Ennis for serving the Book of Evidence on the accused in the case.
