Technology expert consultation granted in Donegal child image case

Legal aid has been granted to two Donegal brothers facing charges relating to indecent images of children to allow consultation with a technology expert.

The case was mentioned at Letterkenny District Court, where State Solicitor for Donegal, Mr Kieran Dillon, said that the matter would need a hearing date.

Solicitor Mr Frank Dorrian, who is representing one of the defendants, said this is a “complicated matter”.

The men, who are both in their 30s, are charged under the Child Pornography Act. The charges concern an allegation relating to November 3, 2015 at an address in Donegal.

The case first came before the District Court in February, 2022 and the men are each charged with having images of chidren engaging in sexual acts on mobile phones.

A previous sitting of the court heard that the cases arose out of a search warrant that was executed at their home.

Legal aid was previously extended to cover the expert witness and Judge Emile Daly has now granted an extension to cover a consultation.

Mr Dorrian told the court that an expert report gives rise to a question. He added that the expert in question, based in the UK, also insists on being paid for a consultation on the issue and asked for a legal aid certificate.

“It is a very complicated and technical issue,” Mr Dorrian said. “It is whether or not the transmission of information from one phone to another phone leaves a remnant at the receiving end, even when it is rejected.”

Mr Dorrian said the case is all about the reported existence of something on a device.

Mr Dorrian said a hearing would take “at least a day” given that it is “based on technology, rather than evidence”.

Solicitor for the other man, Mr Niall McWalters, said he did not have the same issue so therefore did not need the same certification.

Mr McWalters added that both matters would travel together.

Judge Daly adjourned the matter until later this year.