Lack of directions from DPP leads to dismissal of case
A LACK of directions from the Director of Public Prosecutions for the third time of asking resulted in a case of assault causing harm being struck out at the District Court.
Ivan O’Connor (35) of Kelvick, Arklow Road, Gorey, was charged with assault causing harm to Gavin Kenny at Tomagaddy, Ballycanew, on December 13 last.
When asked if DPP directions were forthcoming on this charge, Sgt Mairead Brophy told the court that they had still not received directions. Solicitor Lana Doherty pointed out that the case had already been marked for entry against the state twice and moved for the case to be struck out. Judge Haughton said he had little option but to comply.
This still left a charge of assault on Tereasa Walsh arising from the same incident, which was adjourned until June 13.
O’Connor, who is currently serving a sentence of three years with 18 months suspended in the Midlands Prison on other offences was also charged with criminal damage to four windows at The Coach House, Main Street Gorey, and possession of a hammer on September 24, 2015.
Ms Doherty said that her client had been paying compensation, but would now be in difficulty as he is in custody. As a result of this, Judge Haughton ordered whatever compensation had been collected to be handed over to the injured party and handed down a six month prison sentence to be served concurrently. The charge of possessing a hammer was taken into consideration.