Kildare judge says that human error relating to court document will not prejudice man's case

A Naas District Court judge has ruled that a human error which was made on an official court document, a book of evidence, will not prejudice man's case.

Judge Desmond Zaidan made the comments on Thursday, June 6 in the case of Dean Smith, with an address listed as 3438 Lakeside Park in Newbridge.

The 30-year-old defendant appeared in court on the date in question alongside his defending solicitor, Matthew Byrne.

A book of evidence was prepared on the accused by gardaí.

Garda Sergeant Mary Meade told the judge that on December 7 last, Mr Smith allegedly stole property from a car located in the Pairc Mhuire region of Newbridge.

Sgt Meade also said that gardaí wished to make an amendment to the book: she explained that Mr Dean was actually later stopped by gardaí a short while later, in the Dara Park region of Newbridge.

She added that when Mr Smith was allegedly searched by gardaí, he was allegedly found in possession of a stolen bank card and 'a small bag full of coins', which would constitute an alleged handling stolen property offence.

Mr Byrne objected to this proposed amendment made by gardaí.

He argued that this process was 'inappropriate' and could prejudice his client.

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Mr Byrne also told Judge Zaidan that the matter had been before the courts a number of times in the past.

"The State should redraw the offence, and then re-enter it (if they want to make an amendment)," Mr Byrne said.

After listening to both sides, Judge Zaidan remarked that while there was a human error due to the fact that the information was not present in the book of evidence, he ultimately sided with the State's argument.

Explaining his decision, He told Mr Byrne: "The allegation against your client hasn't been altered in any meaningful way. I do not think it will prejudice him."

The court was also told that a trespass charge against Mr Smith had been officially withdrawn by the State, which leaves the handling stolen property matter (which was contained in the book).

After the book was served by a garda on Mr Smith, the judge sent the case forward for trial to the present sittings of Naas Circuit Criminal Court.

Judge Zaidan remanded Mr Smith on bail until the case resumes.