The jury in the trial of the two boys accused of Ana Kriegel's murder were prevented from hearing that Boy A had searched online for "child *advertiser censored*" and "animal *advertiser censored*" and had thousands of pornographic images on two mobile phones.
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Justice McDermott said that if Boy A were found guilty the pornographic material could be helpful to a professional in determining how or why the offence occurred but, he said, "that is a separate issue to this trial".
He also noted that the material on the phone preceded the offence by a number of months. The "extensive nature of the downloads", he said, would be "highly prejudicial to the fair trial of the accused". Evidence must be "cogent and must not invite speculation", he said adding that he was not satisfied it advanced the prosecution case.
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Gardai took Boy A's clothes when they were investigating an allegation by Boy A that he was assaulted by two men in the park on the same evening that Ana went missing. When gardai later suspected Boy A of Ana's murder they were able to examine Boy A's clothes and discovered Ana's blood on his boots.
Boy A's defence argued that gardai had taken his clothes and phone through "subterfuge" and had engaged in a "strategy" to gather evidence relating to the investigation into Ana's disappearance and death. Brendan Grehan SC for the prosecution pointed out that when gardai took Boy A's clothes Ana's body had not been found. Boy A was not a suspect and gardai took those clothes because Boy A claimed he had been assaulted. He also pointed out that as far as gardai knew Boy A was helping gardai with their enquiries into Ana's disappearance as one of the last people to see her.
Justice McDermott said any suggestion that what gardai had done was unfair "doesn't hold water". He pointed out that the "extensive and desperate" search for Ana Kriegel was ongoing at the time.
He added: "I wholly reject the proposition that there was any subterfuge or economy of the truth involved or any attempt by An Garda Siochana to obtain the phone by subterfuge or unfair means. That is a wholly unrealistic submission in the context of this case."
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There was further legal argument over whether a photograph of a mannequin wearing what gardai dubbed Boy A's "murder kit" should be shown to the jury. The mannequin was dressed in the dark grey sweatpants, black hoodie with hood up, gloves, boots, shin pads, knee pads, snood and zombie mask that the boy was believed to be wearing during the assault on Ana. Refusing to allow the evidence, Justice McDermott said the image was "prejudicial without advancing much by way of probative value."
Justice McDermott also ruled out most of a questionnaire that was found in Boy A's room saying it was a "teenage document".
Anna Kriegel verdict: The evidence the jury did not hear
