A Longford businessman who sells Mass cards for a living will attempt to fight charges of possession of child pornography in an action challenging the Director of Public Prosecutions (DPP) on Tuesday.

Thomas McNally (48) of Foynes Court, Longford, has been granted a judicial review in the High Court of the DPP's direction to charge him with possession of child pornography.

The case will be heard on Tuesday and if the legal challenge fails, his criminal trial will proceed.

McNally and his daughter Tanya Mulryan (25), both of Foynes Court in Longford, were both sent forward for trial on 18 March 2008 to the Circuit Criminal Court on child pornography charges following a brief appearance at Longford District Court.

Both face two charges under Section 6 (1) of the Child Trafficking and Pornography Act of 1998. These allege that both of the accused knowingly had in their possession child pornography images on A4 paper at Foynes Court, Longford on 6 and 7 February 2006.

The state solicitor for Longford, Mark Connellan, told Judge John Neilan at Longford District Court in March 2008 that the two persons before the court were co-accused and that the book of evidence had been served on both.

Judge Neilan ordered McNally and Mulryan to face trial at Longford Circuit Criminal Court on 22 April 2008, but this trial has not yet been able to proceed because of the judicial review proceedings.

Gardaí did not object to bail. The court heard that McNally and his daughter were on bail of a personal surety of €1,000 and an independent surety of €5,000.

Judge Neilan ordered both defendants to be of good behaviour and to surrender their passports to gardaí.

NcNally operates a company which distributes religious cards worldwide. The company is based in Longford. McNally was uncontactable for comment this weekend.