Fifth month on remand ‘unconscionable’, says barrister
This photo is for illustrative purposes only
A MAN who was allegedly found after a few hours in a ditch on a property where gardaí seized 350kg of cannabis, worth in the region of €7m, will now spend a fifth month behind bars without trial after the state could still not produce his book of evidence.
Emre Ozdemir (29), of Burrin Street, Carlow, appeared in Naas District Court by videolink from custody, where he has been kept since his arrest at Crookstown Upper, Ballitore on 1 April last. He was appearing for ‘direction’, in other words to discover how the director of public prosecutions (DPP) had ruled with regard to his trial. He is one of four co-defendants.
“A file was sent to the DPP but was sent back to gardaí as the director had some questions for them,” explained Sergeant Mary Meade for the state. “It [the investigation file] was returned to the DPP on 20 July. We’d seek the 3 September to link up with his co-accused on that date,” she said.
Defending barrister Sean Egan said: “I take in what Sergeant Meade says, but Mr Ozdemir has been on remand for nearly five months, and I’ve lost track how many times I’ve appeared for him. It’s almost déjà vu. His co-accused are on bail, so he is running at a disadvantage.
“He has never served a sentence in his life, yet he is being kept in Cloverhill Prison, which is the most overcrowded and violent in the state, so prejudice here is very real.
“If the court was willing to strike out the charges without prejudice, the state wouldn’t lose any momentum, and if not, marking it ‘peremptory’ is the only way to get this file to the top of the DPP’s pile.
“It is unconscionable the inordinate amount of time my client has spent on remand, and there needs to be a response to this,” demanded Mr Egan.
Sgt Meade replied: “This is a complex and serious investigation. There are three other parties – two have received bail, and one is still in custody.”
“They must’ve been ready for directions approaching a dozen times at this time,” said Mr Egan.
“Will your client consent to two weeks, or four weeks? If I remand him in custody for four weeks, I’ll mark it peremptory,” promised Judge Catherine Hayden.
‘Peremptory’ means the set court date is final and that the hearing will go ahead on that day, and the judge will grant no more delays or extensions.
Turning to his client on the screen, Mr Egan said: “The judge understands our frustration in a four week remand, but will mark it peremptory.”
“If I’m released after it was marked peremptory, what are the chances of me being arrested at the front door and recharged?” asked Mr Ozdemir.
“Depends on the judge in the case, whether it’s without prejudice, or because the state brings a charge,” suggested Mr Egan.
“I’ll go two weeks, and then two weeks again after that,” conceded the defendant, as he was remanded back into custody until this Wednesday, 3 September – five months and two days after he was first detained.
“I just want to make progress, but I’ve been hearing the same thing from the DPP for the last two months now,” he said.
Co-defendants Alex Forsyth (33) of Dunedin Terrace, Monkstown Farm, Dublin (in custody), John Weekes (38) of Branswood, Athy and Alanna Corrigan (29) of Crookstown Upper, Ballitore (both on bail) are all scheduled to be next in court tomorrow, 3 September, as the state gets its ducks in a row.
All four face charges relating to the discovery of €7m worth of cannabis on 1 April at Crookstown Upper, Ballitore.
