A Dublin man charged with possession of hundreds of child porn images has brought a High Court action aimed at halting his prosecution.
The action has been brought by Daryle Singh who is charged with three offences under the Child Trafficking and Pornography Act. He 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 November 8th, November 2011.
Mr 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.
Computers seized
The pornographic images, including those on the computer drives, were seized by Gardai following a search of a property he formerly resided at, on an unrelated matter.
He claims that while the computers were seized by the Gardai in 2011, the were only provided to the Garda's National Cyber Crime Unit in early 2014.
Investigating gardai received an analysis report from the Cyber Crime Unit on the computer in June 2019, some five years later, it is claimed.
Mr Singe 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; however he is not expected to go before a judge and jury till sometime in mid-2022.
No explanation for delays
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 Mr 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 Mr Singh seeks orders 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 Mr 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 Mr 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.
