Case No. 24867Harassment · Co. Kildare · 14 Jul 2020

Prosperous harassment case sent for jury trial at Central Criminal Court

Desmond Boland, a 73-year-old photographer from Prosperous, Co Kildare, is alleged to have posted Facebook messages about the chairman of Prosperous Community Association between 14 July 2020 and 1 September 2021. He was arrested on suspicion of harassment and first appeared at Naas District Court on 27 April 2022, where he pleaded not guilty and was granted bail. On 19 October 2022, Judge Desmond Zaidan sent the case forward for trial by jury at the Central Criminal Court and adjourned it to 30 November 2022 after certifying a junior counsel. The defence indicated it would rely on Section 17(3) of the Criminal Law (Sexual Offences) Act 2017.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court28 Apr
    3 reports
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Desmond Boland, a 73-year-old photographer, is alleged to have posted Facebook messages about the chairman of Prosperous Community Association over a protracted period.
Where
The alleged harassment took place in Prosperous, Co Kildare; the defendant's address was given as Curryhills, Prosperous.
When
The alleged harassment occurred on dates between 14 July 2020 and 1 September 2021.
Investigation
Detective Sergeant Des McHale told the court of arresting the defendant on suspicion of harassment.
Charges
The defendant faces an allegation of harassment.
In court
  • Desmond Boland first appeared at Naas District Court on 27 April 2022, pleaded not guilty, and was granted bail of €1,000 with a €2,000 independent surety.
  • On 19 October 2022, Judge Desmond Zaidan sent the case forward for trial by jury at the Central Criminal Court and adjourned it to 30 November 2022 after certifying a junior counsel due to over 200 pages of prosecution disclosure.
  • Bail conditions include weekly sign-on at Clane Garda Station, no social media posting about the case or the injured party, and no contact with the injured party.
Other details
  • The injured party is the chairman of the Prosperous Community Association, which owns land used by the Prosperous Pitch and Putt Club.
  • The defendant alleged that funds were mislaid and that he posted messages without foundation.
  • The case has seven or eight witnesses and is expected to take four hours to hear.
  • A separate in-camera hearing on 20 October 2022 concerned a young woman's allegation of rape on five occasions and sexual assault in 2019 by her ex-boyfriend, with both parties being teenagers at the time.
35 statements extracted from the articles
  • whatThe defendant is a photographer. (kildarenow.com)
  • whatThe woman claimed her ex-boyfriend raped her on five different occasions (kildarenow.com)
  • whatShe was also sexually assaulted on a number of dates in 2019 (kildarenow.com)
  • whatFacebook messages were created over a protracted period of time. (kildarenow.com)
  • whereHis address was given as Curryhills, Prosperous. (kildarenow.com)
  • investigationDetective Sergeant Des McHale told the court of arresting the defendant on suspicion of harassment. (kildarenow.com)
  • investigationThe investigation concerned Facebook messages about a member of the community who was the chairman of Prosperous Community Association. (kildarenow.com)
  • chargeHe faces an allegation of harassment on dates between July 14, 2020 and September 1, 2021. (kildarenow.com)
  • courtDesmond Boland appeared at Naas District Court on 27 April 2022. (kildarenow.com)
  • courtThe Office of the Director of Public Prosecutions directed that a harassment allegation be brought before the District Court. (kildarenow.com)
  • courtThe case has seven or eight witnesses and is expected to take four hours to hear. (kildarenow.com)
  • courtBail conditions include signing on once a week at Clane Garda Station. (kildarenow.com)
  • courtBail conditions include refraining from posting on any social media platform about the case. (kildarenow.com)
  • courtBail conditions include refraining from posting about the alleged injured party and his family. (kildarenow.com)
  • courtBail conditions include having no contact with the injured party. (kildarenow.com)
  • courtThe defendant was directed to make no comments about five named individuals described as witnesses. (kildarenow.com)
  • courtThe defendant was granted his own bail of €1,000 and an independent surety of €2,000 provided by a friend. (kildarenow.com)
  • courtJudge Zaidan warned that bail could be revoked if conditions are breached. (kildarenow.com)
  • courtThe case was adjourned to 19 October. (kildarenow.com)
  • courtThe defence refers to Section 17, subsection 3 of the Criminal Law (Sexual Offences) Act, 2017 (kildarenow.com)
  • courtJudge Desmond Zaidan sent the man forward for a trial by jury at the present sittings of the Central Criminal Court (kildarenow.com)
  • courtBail was granted for the man until the case returns for trial (kildarenow.com)
  • courtThe hearing took place at Naas District Court on Thursday, October 20 (kildarenow.com)
  • courtDesmond Boland, 73, appeared in Naas District Court facing a harassment allegation. (kildarenow.com)
  • courtHe first appeared in court in April 2022. (kildarenow.com)
  • courtBarrister Richard Wixted applied for a junior counsel to be certified in the case. (kildarenow.com)
  • courtThere were over 200 pages of documentation in the prosecution disclosure. (kildarenow.com)
  • courtJudge Desmond Zaidan certified for a junior counsel and adjourned the case to November 30. (kildarenow.com)
  • otherThe Prosperous Community Association owns land used by the Prosperous Pitch and Putt Club. (kildarenow.com)
  • otherBoth parties were teenagers when the incidents occurred (kildarenow.com)
  • otherSome alleged incidents happened when the man and woman were a couple, and some after they had broken up (kildarenow.com)
  • otherThe parties cannot be identified due to legal reasons (kildarenow.com)
  • otherThe defendant was a member of the pitch and putt club. (kildarenow.com)
  • otherThe injured party is the chairman of the community association. (kildarenow.com)
  • otherThe defendant alleged that funds were mislaid and that he posted messages without foundation. (kildarenow.com)

The reporting

newest first
  1. 25 Oct2022
    Kildare photographer in court over alleged Facebook posts

    First detailed court report; case adjourned to 30 November 2022 after certification of junior counsel due to over 200 pages of prosecution disclosure.

    accused, Desmond Boland, 73, male, named, irish (judged from name)Desmond Bolandvictim, male
  2. 25 Oct2022
    ‘Romeo and Juliet’ law to be used as defence in alleged Kildare rape case

    Preliminary hearing at Naas District Court where the case was sent forward for trial by jury at the Central Criminal Court; the defence indicated it would rely on the 'Romeo and Juliet' provision; bail granted to the accused.

    victim, femaleaccused, male
  3. 28 Apr2022
    Prosperous, Co Kildare, man facing Facebook harassment allegations in court

    Details of the 27 April 2022 Naas District Court appearance: the defendant pleaded not guilty, was granted bail of €1,000 with a €2,000 independent surety, and was subject to conditions including weekly sign-on at Clane Garda Station, no social media posting about the case or the injured party, and no contact with the injured party. The case was adjourned to 19 October 2022.

    suspect, Desmond Boland, 73, male, named, irish (judged from name)Desmond Bolandvictim, male