KILDARE COURT: Solicitor accuses state of abuse of process
A solicitor accused the State of an “abuse of process” over the delay in finalising a case against a man charged with an alleged serious assault in west Kildare.
John Coyne, 30, whose address was given as 23 Grove Heights, Robertstown, is one of three defendants who were charged with alleged assault at 13 Grove Heights, Robertstown, on March 14 last.
He was subsequently before the court on additional allegations of false imprisonment and production of an article on March 14 last, also at 13 Grove Heights.
A previous court hearing heard it would be alleged the injured party got a phone call from inviting him to a house in Robertstown and that the parties are known to each other.
It was claimed the injured party, a man from Kildare town, was beaten by the defendants and he was stabbed, a brush handle was broken and a rum bottle was used in the incident.
Sgt Dave Hanrahan told the most recent hearing that the book of evidence in the case was still not available and he added that the most recent allegations against the defendant, who appeared before Naas District Court on videolink, wer made only two weeks previously.
Defending solicitor Tim Kennelly told the court “I do have to protest” pointing out that the defendant is in custody.
He said that the case originated over a year ago and the most recent charges are further allegations relating to the same incident.
He also said that the clock had effectively been restarted with the new allegations and this was an abuse of process.
He noted that his client had been refused bail in the district court and the high court.
He said he had previously secured bail in the high court but this had been revoked.
Judge Desmond Zaidan said the case should be given the utmost priority because it means that the defendant will be effectively in custody until his trial is heard.
The judge also adjourned the matter to March 1 when the defendant will appear by videolink. He also said that if the book of evidence is ready on that date the defendant must be produced in court.