A judge has refused to lift an order she imposed preventing the media from identifying a public servant charged with falsely imprisoning and sexually assaulting a woman at his workplace last year.
Judge Treasa Kelly made the order in October that the man's name or occupation were not to be published, but this was challenged in court today by five media organisations, including RTÉ.
Barrister Tom Murphy cited the judgment of former Supreme Court president Mr Justice Frank Clarke in the Anderson case, which said a court can only make such an order if there is legislative provision or the rights of the accused to a fair trial could be impinged upon.
Mr Murphy represented RTÉ, the Irish Times, Independent Media, News Ireland and DMG which includes the Mail newspapers.
The Director of Public Prosecutions agreed that there was no legal basis for the imposition of reporting restrictions.
The judge, however, said this afternoon that she "had some bit of a look" at the case and the legislation during lunchtime, but said she was "not satisfied it is quite as straightforward".
Judge Kelly said defence solicitor Martin Moran had asked for time to "give him a chance to put in submissions on behalf of his client" and she said she was going to give him time.
However, the book of evidence was also served on the accused, so the case has now been sent forward to the higher Dublin Circuit Criminal Court for trial.
Judge Kelly said that this meant that she will no longer have any involvement in the case and the "obvious thing" is that "the circuit court deal with it".
She said she had a look at the matter "over lunch" but she had not given it "a huge look" and "haven't resolved the issue in my head".
Judge Kelly also said she was "not in a position to make a decision" on the reporting restrictions she had imposed and it was up to the media "to take the matter elsewhere".
The case has now been sent forward to the Dublin Circuit Criminal Court.
The 35-year-old man is accused of falsely imprisoning a woman at his place of employment on 29 September last year and three counts of sexually assaulting her at the same location on the same date.
He is also accused of engaging in offensive conduct of a sexual nature at another location on dates unknown between 23 August 2019 and 25 February 2020.
All five offences are alleged to have taken place in Leinster.
The sexual assault charges are contrary to Section 2 of the Criminal Law (Rape) (Amendment) Act, 1990 as amended by Section 37 of the Sex Offenders Act 2001.
The alleged offensive conduct of a sexual nature is contrary to section 45(3) of the Criminal Law Sexual Offences Act of 2017, while the false imprisonment charge is contrary to Section 15 of the Non-Fatal Offences Against the Person Act, 1997.
RTÉ News said it will continue to fight to have this order lifted.
