Portadown man, accused of sexual communication with a child, is sent for trial despite his barrister raising evidence issues at Craigavon court
A 47-year-old man, accused of sexually communicating with a child, has been sent for trial to the Crown Court despite his barrister contesting the evidence.
Kyle Murphy, from Tandragee Road, Portadown, appeared before Craigavon Magistrates Court for a Preliminary Enquiry.
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The single charge of sexually communicating with a child under 16 on September 28 last year was put to the defendant.
A prosecutor submitted that, based on the papers before the court, there is a case to answer in relation to the charge faced by the defendant.
Murphy’s barrister, Ms Ciara Ennis, said it was not accepted by the defence that there is a prima facia case to answer.
Ms Ennis raised a number of points in relation to the law around the charge including that the complainant has to be under the age of 16 and either the defendant knows that or doesn’t reasonably believe they are over 16.
She revealed the defence hadn’t been served with a birth certificate in relation to this matter.
Ms Ennis pointed to the messages over a number of days and pointed to that time where the child discloses his age and says ‘I’m 15 by the way’.
"I respectfully submit that that is the stage it becomes known to the defendant what age the person he is communicating with. Until the age is revealed, the Crown has no evidence to suggest that the defendant would have been aware of the age,” said the barrister.
A prosecutor told the court that once the age is revealed there are further messages sent by the defendant.
District Judge Ranaghan described the papers in the case as “not without their difficulties” pointing out “apparent contradictions in timings”.
"I have considered the totality of the evidence. There is clearly sexual conversation and sexual images sent. There is then a reference by the complainant that he is ‘15 BTW’ I assume means by the way. A conversation of sorts continues in a similar vein. I would say the language thereafter is suggestive rather than necessarily sexual.”
However he said he was satisfied there is a prima facie case to answer and the matters could be ‘revisited’ in the Crown Court.
The defendant was sent to Craigavon Crown Court for arraignment on October 23 and released on his own bail of £300.