Solicitor fails to get assault charges struck out at Kildare court
Photo for illustrative purposes
A SOLICITOR failed to have a series of assault, criminal damage, and public order charges struck out because of a lack of formal directions from the DPP, when the judge was told that the hearing this week (11 February) was only the first day in court since the defendant was originally charged.
Athy District Court heard how Brian Carrie (37), with an address at Rutland Grove, Crumlin, Dublin 12 was charged with two counts of assault causing harm at Foxhill, Athy on 19 and 26 October, two counts of assault at the same address on 13 October, and for public intoxication, and of threatening/abusive/insulting behaviour on the Dublin Road in Athy on 27 October.
Sergeant Dave Hanrahan told the court the alleged “criminal damage was to property of his ex-partner. There are possibly further charges to be brought".
“What are the alleged injuries?” asked Judge Desmond Zaidan.
“I’m not aware at this stage,” conceded the sergeant.
“My client denies these allegations, and is disappointed the state is bringing these charges,” said defending solicitor Tim Kennelly.
“It’s not perfect, but it is one of the better (legal) systems in the worlds,” said the judge.
“I’m seeking a strike out (of the charges) because there’s no directions,” said Mr Kennelly.
“He was initially charged on the 28 October,” he added. “It’s only the first date since,” shrugged Sgt Hanrahan. “Is the file gone (to the DPP)?” asked the judge.
“Yes, judge,” confirmed the sergeant.
“I don’t think (a delay of) four months is good enough, so I want it marked pre-emptory (no further adjournments),” demanded Mr Kennelly.
The judge a marked it thus, then gave the state until 10 June to get its ducks in a row.
