Man pleads to charge of attempting to take photo of minor at Mayo swimming pool

A FATHER of three young children who appeared at Castlebar District Court on a charge of attempting to take an image of a minor while she was changing in the locker room of a swimming pool entered a plea of guilty after a lengthy legal argument before the hearing of the case was about to go ahead.

The incident occurred over two years ago when the injured party was a minor but is now 19 years of age.

As a result of the incident the defendant, who cannot be named due to reporting restrictions, was charged with attempting to take images of a person which would seriously interfere with their privacy and cause them stress.

Following extensive legal arguments from counsels on both sides on a number of points raised, particularly in relation to the wording of the charge before the court, a guilty plea was entered on behalf of the defendant just before the case was ready to go ahead.

The significant argument from the defence related to whether an attempt to carry out a crime could be considered an offence.

Ms. Cliona Boland, BL, argued that no images had been found on the phone of the defendant after his house was searched following the incident.

However, Mr. Diarmuid Connolly, BL, who appeared on behalf of the State, said in his interpretation of the particular Act, any attempt to commit an offence is an offence in itself.

It was just one of many legal points argued by both counsels for over 45 minutes before Judge Sandra Murphy indicated the defendant had a case to answer as she was satisfied the charge before the court was correct and appropriate.

When the hearing of the case was about to start, the defendant’s counsel indicated her client was entering a guilty plea.

Judge Murphy said she would not be making any judgement until the injured party, who was no longer a minor, had the opportunity to make a victim impact statement.

The judge also requested a report from the court probation service which would be helpful in reaching her decision on final sanctions when the facts in the case are fully outlined at a sitting of the court on May 19 next.

Judge Murphy also said reporting restrictions would be in place until the facts of the case are heard and she would then rule on whether or not the reporting restrictions will be lifted or remain in place.

* Published under the Courts Reporting Scheme.