The first person to be charged regarding a series of historical child sexual abuse cases in County Fermanagh appeared at Enniskillen Magistrates Court today, Wednesday.
85-year-old James Balmer of Cherryville, Enniskillen, appeared via videolink regarding five charges of indecent assault on a male.
The charges relate to alleged incidents involving two males on dates between September 1 and 15, September 16, September 30, 1989, and between November 17, 1988, and November 17, 1990.
Balmer did not object to the holding of a preliminary enquiry with the prosecution putting forward that the 85 year old had a case to answer to. District Judge Steven Keown was satisfied there was a case to answer.
The defendant did not give any evidence or call witnesses at the hearing on Wednesday.
The case will be heard again at Dungannon Crown Court on June 10 and Balmer was released on bail of £500.
Following the hearing, Balmer's barrister, Steffan Rafferty applied a reporting restriction based upon Article Two of the European Convention of Human Rights (ECHR) and his client's right to life.
Mr. Rafferty referred to GP notes from 2019 submitted to the court to argue in favour of the restriction.
Mr. Rafferty said that to publicly identify the defendant could expose the 85 year old to risk and said that the relevant entries in the GP notes show that risk to life had been objectively verified.
He added that with the matter coming to the fore there was a risk the triggers seen in 2019 would present themselves again.
Balmer's barrister added that the right to life is the "most supreme of right" and the court must protect it in this case.
While Balmer had been identified before Mr. Rafferty sought to prevent any further publication of his client's identity.
In the end, Judge Keown dismissed the reporting restriction application pointing out that the case summons had been served on April 21 and the first indication that a reporting restriction would be sought was on the day of the preliminary enquiry. He also noted that the media had not been served with notice of the restriction.
Judge Keown said the court had to consider whether exposing the identification of Balmer would generate the risk of suicide and that the defence was relying on two GP entries of self-reporting issues from a year and a half ago and that they had not sought to add to it.
Judge Keown felt there was not sufficient grounds for the reporting restriction and refused the application.
The Impartial Reporter has reported on a wide range of historical sexual abuse investigations in Fermanagh and over 12 people have been arrested by the PSNI in connection with mostly unconnected allegations to date.
It is all part of a major investigation by the PSNI over the last 18 months which is ongoing.
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