A JUDGE held yesterday that a Co Monaghan man who was prosecuted for sunbathing in the nude had not deliberately set out to offend modesty.
Judge Flann Brennan struck out a charge at Carrickmacross District Court against Mr Patrick Hand (46) who was found naked by gardai when they visited a rear garden at his home on June 30th last year following complaints.
The prosecution was brought under Section 18 of the Criminal Law Amendment Act which prohibits behaviour in sight of the public which could "offend modesty, cause scandal or injure the morals of the community".
The case was adjourned from a previous sitting at which Garda John Travers, Carrickmacross, said that as a result of complaints, he went to the garden at the rear of the accused's residence at Drummond Etra, and found Mr Hand nude.
Mr Hand's lawyer, Mr Gerry Jones, said his client had taken off, his clothing to sunbathe and it was not his intention to offend modesty.
"There were trees and a high hedge around the garden and Mr Hand had no intention of causing, offence," he said.