A Co Armagh man accused of three counts of rape and four sexual assaults will appear before the Crown Court in the New Year.
The accused, who cannot be named for legal reasons, appeared before Craigavon Magistrates’ Court on Friday for a preliminary enquiry – the legal process during which a case is referred to the higher court.
However, before the accused entered the dock, a challenge of the reporting restriction was heard by District Judge Michael Ranaghan.
The defence furnished the court with a medical report from consultant psychiatrist Dr Michael Curran, which outlined that “on balance”, the effect of media publicity “could be likely to have a detrimental effect on his life”.
The press argued “but who’s charged with sex offences which wouldn’t have a detrimental effect on their life?”
The accused’s defence barrister, Kevin O’Hare, contended: “There is both a history dating back, actually to before the matter was ever reported to police…and then a chronology that leads up to very, very recently, which we in fact, say does meet the test for immediate threat to life”.
Mr O’Hare added: “We respectfully say that, in light of that detailed report from Dr Curran, and his conclusions, that Article 2 [everyone’s right to life shall be protected by law] is invoked, and court should exercise its discretion and place a reporting restriction in this particular case.”
Judge Ranaghan, in delivering his ruling, said: “Given the overall content of the report it does detail a history of suicidal attempts and current suicidal ideation. I couldn’t quite understand why Dr Curran considered, ‘on balance’. I certainly, from my view, did in fact consider that there is a real risk to the defendant’s Article 2 rights in this case, which would override the very important principle of open justice.”
The defendant, who is alleged to have carried out the offences against the same complainant on dates between May 1, 2021 and March 24, this year, will be due back in Craigavon Crown Court for an arraignment hearing on January 14.
He was released on his own bail of £500 until then.
