Judge lambasts DPP as €7m drugs charges struck out at Kildare court

A JUDGE excoriated the director of public prosecutions (DPP) for failing to progress the case against four defendants charged in relation to €7m worth of cannabis allegedly found in Ballitore last April, which saw three of the defendants have charges against them struck out although the state will be able to re-enter the charges.

“Any trained legal mind could give directions over the phone on this in minutes,” thundered Judge Desmond Zaidan.

The DPP decides – gives direction – on where any set of charges must be tried, either in the district or circuit court.

“The guards made several attempts to follow up on directions and all they got was a silent wall,” he noted.

He was speaking in the case of Emre Ozdemir (29), Burrin Street, Carlow, who appeared again at Naas District Court via videolink from custody on 3 September, where he has been kept since his arrest at Crookstown Upper, Ballitore on 1 April.

“On 3 April, he applied for bail and I refused,” noted the judge before he started counting ominously.

“Now, on 14 occasions since, he has been before the court, that’s five months on remand, which is unprecedented.

“No valid reason has been given to me to allow the state more time to investigate this case, courts do not work like that and it is not my place to second-guess the minds of the DPP’s staff.

“No plausible reason has been given to me today in court and that is both extraordinary and inexcusable.

“This is going into its sixth month, so no. My choice is strike out (the charges) or dismiss them and if I dismiss, the state cannot come back and recharge Mr Ozdemir.

“I have to consider the scales of justice. On one side, a strike out, on the other dismissal – and I have seriously considered dismissing the charges because of the DPP’s delay in this case,” he said.

Earlier, Mr Ozdemir’s co-defendant Alex Forsyth (33), Dunedin Terrace, Monkstown Farm, Dublin had also appeared from custody via videolink and this was where the state’s case began to unravel.

Both had been called earlier and when Sgt Coleman couldn’t explain why no directions were before the court, Judge Zaidan put both cases back for second calling to allow the sergeant to “make a call.” The judge turned to Mr Forsyth’s solicitor David Powderley and explained: “The state couldn’t give a reason why no directions were given, so I’ve told her if they don’t, I may strike out.” He explained the same to Mr Ozdemir’s solicitor Tim Kennelly, who was a little bolder.

“Judge, my client has been five months in prison without trial, he has no previous convictions, so I’d be seeking a dismissal rather than a strike out,” he said.

The judge turned to Sgt Coleman and said: “If dismissed, your case is in serious trouble and you will have to take a judicial review against such a ruling in the high court.” Later, when seeking an update, Judge Zaidan looked back to the sergeant.

“Gardaí have made three contacts with the DPP (in recent weeks) and would seek a further two weeks,” she shrugged.

To assist, the senior investigating officer took the stand and testified that she had contacted the DPP’s office on “20 June, 16 July, 8 August, but we’ve got absolutely nothing back yet.” Mr Powderley then asked the judge to strike out the charges against his client and the judge granted it, without prejudice.

“Mr Forsyth, the case has been struck out, so they’ve no reason to keep you in prison,” he said to his client on screen.

“And the DPP seem to blame lawyers for delaying the case,” commented the judge, before recalling Mr Ozdemir.

“It’s the exact same situation,” shrugged the detective garda.

“Our investigation is complete. We got an email back from the DPP in July, but in relation to a different co-accused.” “So, the last contact you’ve had with the DPP was in July asking you for more information?” asked a mildly incredulous judge, which the detective confirmed.

“And since then you’ve faced a blank wall?” asked the judge, which she also confirmed.

“The guards are just as frustrated with the DPP as we are,” said Mr Kennelly.

“It’s absolutely unacceptable that man is sitting in prison for five months. It beggars belief.

“I think it will be a swift, sharp shock to the DPP when four co-accused get struck out,” he suggested.

“The case is in for DPP’s directions and the court accepts that these charges are at the upper end of seriousness,” acknowledged the judge.

“Sadly, the people of Ireland are represented by the DPP and the DPP have let the people of Ireland down.

“Not even the common courtesy to reply to the gardaí and that is not good enough.

“But I’m not going to force this on the people of Ireland.

“Illicit drugs destroys all, a curse that simply won’t go away, so I’m going to strike out without prejudice, but I’m telling you now, I was very close to dismissal.

“If I get the same attitude from the DPP – a blank wall – on serious charges, I will dismiss the prosecution.

“I won’t hesitate if that’s going to be the state’s attitude.

“Why should I force this on the people of Ireland because of the DPP’s inaction? It would be sending out the wrong message,” said the judge.

However, Mr Kennelly had a further gambit up his sleeve.

“We’re not asking for this (strike out),” he said.

“Mr Ozdemir knows he could be picked up at the front door and if it does, the clock goes right back to ‘0’ (on credit for detention already served).

“I’m looking for a further two weeks in custody, with the case marked pre-emptory for dismissal,” he said.

Judge Zaidan agreed, but only if it was four weeks further remand would he mark it pre-emptory.

“If it’s dismissed, then it will be gone,” explained Mr Kennelly to his client on screen, who agreed to consent.

So, the judge remanded Mr Ozdemir back into custody until 1 October and formally marked it “pre-emptory against the state to dismiss the prosecution.” “I’m disappointed at the state, not the guards,” he said.

“Something about human rights and five months. Come on. That’s all I’ll say on it now.” The other co-defendants ‒ John Weekes (38), Branswood, Athy and Alanna Corrigan (29), Crookstown Upper, Ballitore – who had both been on bail, later had the charges against them also struck out.

All four face charges relating to the discovery of €7m worth of cannabis on 1 April at Crookstown Upper, Ballitore.