A judge has lifted an order preventing the media from identifying a man accused of performing a sex act in front of children playing on a street near their home in north Dublin.
Mark Dolan, formerly of Andrew Heights, Dún Brinn, Athy, is accused of exposing himself and masturbating in front of young girls on 6 May 2023.
Judge Brendan O'Reilly imposed the order preventing the media from identifying the 48-year-old when he appeared before the District Court in the Courts of Criminal Justice in May.
Today lawyers for RTÉ challenged that order and argued for the reporting restrictions to be lifted.
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.
He said there were no grounds for the reporting restrictions saying, while the allegations are serious there are provisions in place in relation to identifying the children.
"No order is needed to protect the rights of the child," he said.
Solicitor for the State, Siobhan Matthews, said "the media can’t publish any information that would identify the injured parties".
She continued: "I don’t believe, based on the facts of this case, the children could be identified."
Barrister Emily Walker, acting for Mr Dolan, said identifying him could impact on him getting a fair trial.
"The nature of this type of offence is very sensitive and evokes a heightened response from the public," she said.
Ms Walker said we live in a time of social media which attracts vigilantes, saying once this information gets out it is "uncontrollable" and can be prejudicial.
After considering both arguments, Judge Cephas Power ruled that the reporting restrictions be lifted saying he was satisfied there was jurisdiction to vary the order.
He said no information should be printed that could identify the alleged victims, who are children in this case.
The 48-year-was remanded on continuing bail to appear before the Courts of Criminal Justice on 25 July for DPP directions.
