CCTV has taken on a ‘monstrous persona’ in the case of a Ballybofey man charged with public order offences.
Daniel Merritt (30), of 11 Barnes Court, Ballybofey, is charged with threatening, abusive or insulting behaviour and of being intoxicated in a public place at Chestnut Road, Ballybofey, on January 7, 2017.
A witness in the case was out of the county when it was before Letterkenny District Court.
The court heard that CCTV in the case had ‘gone missing’.
“Gardai seem to be of the view that the system had been changed, but now we’re told that the footage was viewed,” Solicitor for Merritt, Mr Frank Dorrian said.
“CCTV has taken on a monstrous persona.
“Mr Merritt is now left at see. If we are to proceed and he is convicted, how can he get a fair shake.
“There is an obligation to seek out any relevant evidence.
“There has been a signal failure or a reluctance on the part of the state to pick up the CCTV. That CCTV will prove his innocence and he knows whats on it.”
Mr Dorrian said there were ‘dozens of civilians’ present at the time of the alleged incident and said: “If Gardai felt compromised, there was nothing to stop them from identifying other people who were the source of the complaint.
“Mr Merritt says he has been wrongly accused.
“The basis of the search was also dubious. Sometime tried to film and a phone was taken from the person on the basis that they weren’t allowed to film. That footage was on YouTube for a while and now we have different reasons that the CCTV is not available.”
Footage from the cameras concerned was gone when the technician attempted to download it.
There were also differing accounts on when Merritt, through Mr Dorrian’s office, had first sought the CCTV.
Merritt was remanded on continuing bail to appear at Letterkenny District Court this Friday, September 15.