Portadown man, accused of attempting to sexually communicate with a child, is sent for trial to Craigavon Crown Court

A barrister for a Co Armagh man, accused of attempting to sexually communicate with a child, queried the evidence in a hearing to determine if the case was to be sent to the crown court.

Peter Lyness, aged 37, from Derryall Road, Portadown,, attended Craigavon Magistrates Court with his mother for a Preliminary Enquiry.

He faces three charges – attempting to sexually communicate with a child between September 29, 2023 and October 30, 2023; possessing an indecent photograph or pseudo photograph of a child on October 29, 2023 and possessing an extreme photographic image on October 29, 2023.

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Craigavon courthouse. Picture: Tony Hendronplaceholder image
Craigavon courthouse. Picture: Tony Hendron
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Lyness’ barrister, Ms Ciara Ennis, said the defence were not accepting there is a prima facie case, a term used in court to indicate that there is sufficient or adequate evidence to support a case.

Ms Ennis submitted in relation to the first charge that ‘there is not evidence on the depositions that could raise a prima facie case for the dates and period of offending’.

She pointed to the deposition and that WhatsApp messages don’t start until October 19, 2023 but the charge is from September 29, 2023.

"From my reading of the papers it appears to allude to some evidence that is on some sort of pen drive. That has not been disclosed to the defence and therefore it’s not being relied upon in relation to the Preliminary Enquiry,” said the barrister.

"The defence is not in a position that we can concede that charge on those particular dates,” she said.

She told the court that there are WhatsApp messages. “It’s a matter for Your Worship whether or not Your Worship determines that there is sexual communication takes place from the 19th of October 2023 to 30th October 2023,” she said.

She further submitted that in relation to depositions on the third charge that there is no forensic report.

“A description is provided by the police officers but there is no evidence to support that in the depositions,” said Ms Ennis.

"I am well aware of what the standard is. In the strict letter of the law we can’t concede there is a prima facie case. There are gaps in the deposition in the evidence before the court,” she said.

The prosecutor submitted that there is a prima facie case to answer.

District Judge Michael Ranaghan said he accepted there are ‘difficulties’ within the papers. “The test I must apply is a very low bar,” he said adding there is a prima facie case to answer.

The charges were put to Lyness who declined to say anything or submit anything in writing in relation to the charges.

Lyness was sent for trial to Craigavon Crown Court with arraignment on February 3, 2026.

The defendant was released on his court bail conditions.

Ms Ennis applied for legal aid for two counsel .

District Judge Ranaghan said: “It’s a difficult case as has been outlined. It involved decoy groups, two of them. It involves a confrontation with the defendant – never the most helpful going forward.

"On that basis I will certify for two counsel for the Crown Court,” he said.

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