The Accused man has a Right to seek permission to stop the trial. Why the Delay? My Question is Simple; What is wrong within the Gardai to Sit on a Case as Serious as this, Child Pornography is one of the most heinous crimes and perpetrators should be brought before the courts. Is it Laziness, or Lack of Interest?

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Man accused of possessing child pornography seeks to stop trial

Aodhan O Faolain  4 hrs ago

Man accused of possessing child pornography seeks to stop trial

A DUBLIN MAN charged with possession of hundreds of images of child pornography has brought a High Court action aimed at halting his prosecution.a large stone building with a clock© Shutterstock Derick Hudson

The action has been brought by Daryle Singh who is charged with three offences under the Child Trafficking and Pornography Act who claims the lengthy delays in the investigation process make it unfair to place him on trial.

It is alleged he was in possession of almost 300 images on two computer hard drives and in print form, at a property in Dublin 8 November November 2011.

Singh, aged 52 from College Wood, Castleknock, Dublin 15 denies the charges and claims that the delay, which is not attributable to him, in investigating and prosecuting the matter means he cannot get a fair trial.

The child pornography images, including those on the computer drives, were seized by gardaí following a search of a property he formerly resided at, on an unrelated matter.

He claims that while the computers were seized by the gardaí in 2011, they were only provided to the Garda’s National Cyber Crime Unit in early 2014.

Investigating gardaí received an analysis report from the Cyber Crime Unit on the computer in June 2019, some five years later, it is claimed.

Singh was arrested in late 2019 in relation to the images, and was returned for trial before Dublin Circuit Criminal Court in November 2020.

A trial date has not been fixed and he is not expected to go before a judge and jury till sometime in mid-2022.

His counsel Michael O’Higgins SC, with Tony Mcgillicuddy Bl, told the High Court that no reason, nor explanation has been given for the delays in the case, which have deprived Singh of his right to a trial with due expedition.

Counsel said that it is their case that the delays by the respondents are “inordinate, unjustifiable and unreasonable,” resulting in his client suffering “irreparable and irredeemable prejudice.”

In his judicial review action against the DPP and the Garda Commissioner Singh seeks order preventing the respondents from taking any further steps in his pending prosecution.

He further seeks declarations including that the delay in bringing and prosecuting the charges against Singh, was unfair, and in breach of his Constitutional right to a fair trial, and the European Convention on Human Rights.

He also seeks damages arising out of the alleged breach of his rights.

Permission to bring the challenge was granted on an ex-parte basis by Justice Charles Meenan. The judge, who placed a stay on the prosecution pending the outcome of the action, adjourned the matter to a date in March.

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