Court lifts ban on naming man accused of attempted child abduction

A judge has ruled that the name of a student accused of attempting to kidnap a young boy from a Dublin apartment building should be disclosed.

Visak Rajesh Leela, 25, originally from India, was arrested after a party on Saturday and was denied bail on Wednesday.

He was reportedly seen walking out with the five-year-old “under his arm”. Judge Alan Mitchell heard that the jury would have to decide whether it was “extremely misguided, foolish mischief by a drunk or something even more sinister”.

“We are absolutely convinced that the former was the case,” defense attorney Michael Kelleher said outside Cloverhill District Court.

Mr Leela, a postgraduate student who has been living in south Dublin for ten months, did not apply for bail at Dublin District Court on Monday.

At the time, another judge had ordered the media not to mention his name after the Gardaí pointed out the “sensitivity” of the case “in the current climate”.

However, when the case resumed in Cloverhill District Court on Wednesday, Judge Mitchell lifted restrictions that had prevented the defendant from being named in the press earlier in the week.

John Freeman BL, representing various news agencies, presented legal evidence and argued that the order violated the rights of the media, pointing out that the Children's Act already protected the anonymity of the child witnesses in this case.

Prosecutor Niamh McKernan told the judge that it was only a matter of identifying the children, but that the defendant could be named “as in any other case”.

Detective Sergeant Basil Grimes explained that the original Garda request on Monday was based on fears that the victim might be identified by mistake, but added: “We have received all the information and that is not the case.”

Judge Mitchell noted that the defendant did not live near the block of flats and had no connection to the area. He ruled that the media could use his name but should be cautious and not name any children involved in the case.

After discussions with Mr Kelleher, he ordered that Mr Leela's exact address should not be published due to the current “social media-fuelled” atmosphere.

Detective Sergeant Grime objected to bail, claiming that the defendant had been in the building and spoken to the boy and his ten-year-old older sister at the door.

The defendant followed them in and came out with the boy under his arm. There was video surveillance evidence.

The girl followed them and they returned to the outside of the door. The children went inside and the defendant left.

Mr Leela, who appeared via video link, did not address the court and did not require an interpreter.

His response to the accusation was: “I did not take the child anywhere. I am not that kind of person. I have no evil or unwanted intentions towards a child.”

The court heard that gardaí would recommend that the DPP refer the case to the District Court, where the offence carries a maximum sentence of seven years.

The objection to bail was based on the fear that the accused had no ties to the jurisdiction and would evade justice if released on bail.

Defence lawyer Michael Kelleher said his client had applied for bail. He claimed that there had recently been “unfounded assumptions” that foreign nationals were a flight risk.

He said his client was studying in Ireland, there were no arrest warrants against him and he hoped to have his visa extended so that he could work here after his studies.

The court heard he was drunk and unable to be questioned for several hours, but he gave police passwords so they could access and check his devices and he insisted there was “no malicious intent in all this”.

The lawyer raised security concerns related to the publication of his client's address and referred to public order disturbances outside the Taoiseach's house.

Mr Kelleher also added that people accused of other crimes that carry a longer prison sentence are often granted bail.

However, Judge Mitchell considered there was a risk of flight, refused bail and remanded Mr Leela in custody to appear again on 2 October and await instructions from the Crown Prosecution Service.