A 33-YEAR-OLD man accused of sexually molesting three young girls in the swimming pool of the Lakeland Forum in Enniskillen has failed in a bid to be allowed to return home to his native country of Spain until his trial is ready to proceed.

Cristian Diaz, of East Bridge Street, Enniskillen, is charged with sexually assaulting three young girls under the age of 13.

The offences were allegedly committed on February 24, March 10, and March 12 this year, and involved girls aged between nine and 11.

Diaz is further charged that between October 1 last year and March 15 this year, he stole a pair of girl’s pink pants and a girl’s multicoloured swim suit to the value of £25.

Diaz appeared before Fermanagh Magistrates Court on Monday morning, assisted by a Spanish interpreter.

A Public Prosecution Service (PPS) representative told the court that a date of August 3 this year had been fixed for the defendant’s preliminary enquiry (PE).

Defending solicitor, Michael Fahy, then applied for a variation of his client’s bail, which would allow him to return to his hometown in Spain until such time that the case against him was ready to proceed. This was opposed by the PSNI, who claimed that the defendant now posed a “significant flight risk” having been charged with offences of a very serious nature involving children.

The PPS representative told the court that “significant progress” had been made in the case since the defendant first appeared in court in April. She said that the directing officer and counsel had spoken to the three alleged victims in the case and a decision had been taken, with the PE date set for August 3.

She added that the fear for police was that if the defendant returned to Spain he has no “significant links” to this country.

Applying for the variation, Mr Fahy told the court that his client had no criminal record in either this jurisdiction or in Spain and had completely adhered to his bail conditions since his first appearance.

The solicitor added that Diaz had been “forced to live in relative isolation” as a result of the bail conditions that had been imposed. He said that the alleged offences dated from March and the defendant had adhered to all the terms of the police bail prior to the decision to charge him.

Mr Fahy said that there was nothing to substantiate the objection that Diaz would not return to Northern Ireland. He said that police objections had to be based on “cogent evidence” and not opinion.

He told the court that a significant amount of cash had been lodged as part of his client’s bail, and that figure could be enhanced, if necessary.

The solicitor added that all details of the defendant’s proposed residence in Spain had been provided to police, including his address and the details of a police station where he could sign bail on a daily basis if required.

He revealed that this information had been provided by the Diaz family lawyer from Madrid, who had attended one of the previous hearings in the case.

District judge, Nigel Broderick, observed that he had considered the matter carefully, but added that he couldn’t ignore the serious charges against the defendant.

The judge said he was satisfied that the PPS were dealing with the case “expeditiously” and, if he was returned for trial, the defendant could expect an arraignment date in September.

Refusing to grant the bail variation, Mr Broderick told the defendant he could appeal the decision in the High Court if he disagreed. The judge then adjourned the case until Monday, July 27.