Case struck out due to mix-up with accused’s name

A HEARING for domestic violence offences collapsed last week because of the mixing up of a father and son in the file.

A man in his 50s was accused of assault and molestation of the alleged injured party.

Solicitor Brendan Maloney told Judge David Kennedy that in disclosure provided to him for the case, the order was for the wrong person, the defendant’s son.

Part of the statement provided in disclosure to Mr Maloney also referred to the younger man.

Judge David Kennedy rose to examine case law and the legislation regarding the matter.

He then referred to the judgement, saying that the onus of proof is on the prosecutor, and that they were required to prove that the defendant had received the order in the first place.

He also examined the disclosure which Mr Maloney produced, with the name of the younger man included in the statement.

Inspector Eoin Phibbs said that it was clear, nonetheless, that it was the older man who was arrested during the incident.

Judge David Kennedy said that he was not happy to proceed, on the basis of the disclosure furnished to the defence. ‘There was a clear error in the mixing up of two people,’ he said, striking the case. However, the judge did not grant a dismissal.