Judge sides with defendant and strikes out assault charge
Naas Courthouse
A MAN charged with trespass and burglary at a hotel, as well an assault charge, had the latter struck out when the judge agreed with the defendant that “peremptory means peremptory at the end of the day”.
Detective Garda Jennifer Finnegan from Celbridge told Naas District Court that she had arrested James Mooney (31) of Windmill Court, Johnstown Bridge, Enfield that morning by appointment, and charged him with trespass. She alleged that on 16 June at the Hamlet Court Hotel in Johnstown Bridge “a resident awoke to find the defendant in his room”.
“There are no objections to bail,” said barrister Sean Egan.
“My client is on remand on foot of existing charges,” he added, referring to a section 3 assault [causing harm] charge, alleged to have occurred at his home address on 22 June.
“The DPP recommends summary disposal in the district court on both charges before you this morning,” said the inspector.
(Mr Mooney is separately charged with a burglary from Centra on 16 June as well as the trespass.)
“And the section 3 assault?” asked Judge Catherine Hayden.
“I don’t have instructions,” conceded Insp Hanrahan.
“So, the summary disposal [instructions]?” she asked.
“Only on the burglary and trespass,” said Insp Hanrahan.
Immediately, Mr Egan sought a strike-out on the assault charge, and went about arguing the case thus. “Certainly, my memory of the interactions were to make a shorter remand, but if it was to be any longer, Judge Connellan would mark it peremptory,” he said.
‘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.
“My client has played ball with your colleague and is ready to face the other matters. He has pleaded not guilty to the section 3 assault charge.
“We know there is a chronic shortage of resources in the DPP’s office, and practitioners have to fight with these chronic failures each week which are not of their own making.
“This strike is a major blockage in the progression of justice,” he sat down.
“It is marked ‘peremptory’,” said the judge, pointing out her colleague’s note on the charge sheet to Inspector Hanrahan, which he accepted.
“Your Honour, marked ‘peremptory’ means peremptory at the end of the day,” said the inspector. “There’s been no statements, no victim impact statement,” he continued.
Defence barrister Mr Egan then pointed out: “This matter is in since 23 June, and as has been said, it is marked ‘peremptory’. That has to mean something,” he argued.
“There were supposed to be directions here today, which doesn’t mean you can’t re-enter, so I will strike out,” said the judge.
Mr Mooney was nonetheless remanded back into custody on the trespass charge for another week.
