DUNGANNON CHILD SEXUAL COMMUNICATION CASE COULD BE DISMISSED
A judicial officer has issued a warning that could result in the dismissal of a case involving child sexual communication unless the prosecution demonstrates significant progress, following prolonged delays that have kept the defendant in detention for over a year.Last week, District Judge Francis Rafferty issued a McAleenan Warning— a formal directive requiring the prosecution to meet a specific deadline due to case delays and sufficient time being given for preparation.
The case pertains to 67-year-old Paul Stansfield of Main Street, Ballygawley, who was apprehended at his residence on behalf of an England-based organization.
He faces charges of deliberately attempting to contact a 13-year-old girl on August 14 last year with the aim of sexual gratification and encouraging her to engage in sexual communication.
A police officer previously testified at Dungannon Magistrates Court that Stansfield allegedly solicited indecent images from the girl, an act uncovered when a relative checked her phone and alerted authorities.
Stansfield was not opposed to bail on the condition that he lives at a police-approved address, has no unsupervised contact with children under 18, and does not possess internet-enabled devices.
Nonetheless, owing to the inability to find an alternative residence, he has remained incarcerated since his arrest.
His defense attorney noted he has now served more time than the equivalent of a custodial sentence if convicted.
Initially, delays were attributed to Stansfield’s refusal to provide access codes to his phones, complicating efforts to extract forensic data.
It later emerged that the phones had been accessed, but analyzing the images stored on them remains challenging.
The case has been adjourned multiple times, prompting Judge Rafferty to question the reasons for the delays.
A prosecutor stated there were no significant updates besides the case being transferred to the crown court.
The defense argued the case was straightforward, involving a guilty plea, and criticized ongoing postponements.
They recommended issuing a McAleenan Warning.
After deliberation, Judge Rafferty issued the warning, giving the prosecution one week to make progress or he would assign a date for committal proceedings.
During the latest hearing, the case was not dismissed but was given a final opportunity to be transferred to crown court by October 15.
Stansfield remains in custody.
