A judge has “positively discouraged” the activities of so-called paedophile hunters who detained a County Fermanagh man attending what he thought was a meeting with a child.
District Judge Bernie Kelly made the remarks after a 41-year-old man was charged with attempted sexual communication with a child and misuse of a communications network.
Kevin James McKenna of Ballinamallard appeared by video-link from police custody after allegedly committing the offences on October 10.
A police officer, aware of the facts of the case, said the charges could be connected.
She explained the arrest came about with the assistance of the Predator Exposure Company, which led Judge Kelly to enquire: “Is this what is colloquially referred to as paedophile hunters?”
When told this was correct, she continued: “So members of the public who deliberately set traps to catch individuals and in some occasions, attend their home armed with baseball bats and visit violence on anybody who answers the door?”
The officer replied: “Not in these circumstances. There were two child decoys with Facebook profiles controlled by adult volunteers. The defendant sought the profiles out, initiating contact with what he thought was a 13-year-old girl. The age was made known to him and he claimed to be 20. They engaged in text contact which became very sexual.”
It is contended McKenna asked the decoy to perform a sexual act on herself and forward images of her breasts.
He also tried to video-call and requested an image of her in school uniform.
An arrangement was made to meet in Fivemiletown on October 10 and shortly before 8pm police received a report that McKenna: “Had been detained by Predator Exposure Company volunteers following their own investigation into child sexual exploitation. Police were provided with evidence by way of statements and USB sticks.”
McKenna was arrested and made ‘no comment’ replies to questions during interview.
Objecting to bail the officer pointed to potential persistence to contact young females putting them at risk.
It was further disclosed McKenna ’s own safety is at risk after he voiced an intention to self-harm as a result of the charges.
Judge Kelly said: “My single biggest concern is the capacity to adduce proper evidence to sustain the charges. There are issues around any non-police organisation carrying out investigations and how they fall within the requirement of admissible evidence, causing me to query potential outcomes.”
While an address for residence was still to be checked by police, Judge Kelly adjourned the application until later this week adding “I’m minded to grant bail, with appropriate conditions including a ban on internet access”.
Echoing the judge’s concerns on veracity of evidence, the defence said a video of his client’s detention was posted on Facebook by the Predator Exposure Company which: “Entered the public domain well before police were involved. It’s very concerning that something was posted on social media and readily accessible by anybody prior to police interview.”
Judge Kelly said: “I am aware of the methods used and while not predetermining anything in this case, I don’t think I have ever convicted a single person based on that form of evidence. So many parts of Police and Criminal Evidence (PACE) procedures which have been completely ignored and run roughshod over including statements that don’t comply.”
She concluded: “I would be positively discouraging this sort of behaviour. This is a job for police, not members of the public who set themselves up as vigilantes.”
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