Vital witness doesn’t show for case

A drunk driving case was struck out by Judge Kevin Kilrane at Sligo District Court after a vital Garda witness couldn’t attend.

The case against Derek Gannon (38) of Cedar Drive was fixed for hearing last Thursday but Inspector Paul Kilcoyne told Judge Kevin Kilrane that he was in the court’s hands as a Garda witness who had operated the intoxiliser on the day wasn’t available due to family circumstances.

Mr Keith O’Grady BL with Mr Gerard McGovern, solicitor said he was seeking a dismissal saying the case was listed for hearing.

It had been adjourned twice previously at the request of the defence but these adjournments had been moved in accordance with the practice rules issued by the court.

The rules were that if a case was fixed for hearing it could only be adjourned by an application to the court in advance to vacate this status and to put the matter back for mention or a new hearing date.

“It’s listed for hearing today. My client is in court with his partner and legal team,” said Mr O’Grady.

Queried on the reason for the adjournment, Inspector Kilcoyne agreed with the judge that it was a lack of communication.

“I’m not going to say anything else,” he said.

Judge Kilrane said that for the benefit of the prosecution and defence the rule was that once a case was fixed for hearing it either went on or out on that day. Either side could apply with seven days prior notice or even as he was accepting the day before the hearing to have that status changed. There were exceptions such as someone falling ill or having an accident and he would listen to any such application.

“But no such exceptions exist in this case and I’m strikeing out this case in the circumstances,” said the Judge. Gannon allegedly was drink driving at Temple Street on May 18th 2016.