A further charge 'is expected' in relation to death of Eddie Friel in Killybegs
James Spendley has been in custody since April charged with assault causing serious harm
A delay in obtaining a certificate from Forensic Science Ireland (FSI) is delaying the case regarding the death of Killybegs man Eddie Friel.
And a further charge ‘is expected’, Sligo District Court heard.
James Spendley, 57, of St Cummin's Hill, Killybegs was before Judge Sandra Murphy at Sligo District Court on Thursday, July 31. He has been in custody in Castlerea Prison since April, having been charged with assault causing serious harm to Mr Friel. He denies the charge. The offence is contrary to Section 4 of the Non-Fatal Offences Against the Person Act, 1997.
Mr Friel was found dead in his home at Harbour View Drive in Killybegs, County Donegal on Sunday, April 13. It is believed that he suffered a violent death.
Members of the late Mr Friel’s family were also present in court.
The matter had been adjourned for directions from the Director of Public Prosecutions (DPP). However, Sergeant Derek Butler told the court that the file had not yet been sent to the DPP.
“I was speaking to a member of the investigation team this morning,” he said. “The file is complete but they are waiting for an FSI certificate. They have been in contact with the FSI requesting it.”
Solicitor Laura Spellman reminded the court that her client had been in custody since April.
“Progress has been slow at best,” she said. “If the file is prepared, I would be asking for the matter to be listed as peremptory.”
Sergeant Butler replied: “We are in the hands of FSI.”
Judge Murphy pointed out that while Spendley was indeed in custody, it was with consent to bail.
Initially refused bail in the district court, an application was subsequently lodged with the High Court. This led to Spendley being granted bail on June 4 under the following conditions: his own bond of €500; surety of €5,000; reside at acceptable residence not Killybegs or Donegal Town; sign on daily at local garda station; provide a mobile phone number; observe curfew from 10pm to 7am; An Garda Siochana can contact his GP regarding bail; comply with all medical directions; An Garda Siochana can inform his doctor if he fails to comply with medical regime, and they can contact An Garda Siochana to inform them; stay away from Killybegs save for medical appointments.
Judge Murphy asked why bail had not been taken up by the defendant.
Ms Spellman replied: “It is a housing issue.”
The judge said that there was a significant issue within the justice system at present with delays in receiving FSI certificates.
Sergeant Butler said: “We have been requesting and requesting. The team is frustrated to say the least.”
Ms Spellman also asked for clarity on whether a further charge was likely to be forthcoming.
“It has been mentioned on a number of occasions,” she said.
The sergeant replied: “It is expected.”
Judge Murphy remanded the defendant in custody with consent to bail, to appear before Sligo District Court via videolink on Wednesday, August 13. She said that she was formally noting that the file was prepared but because the certificate was not available, it could not be sent to the DPP.
“I will mark it ‘Expect progress from FSI,’” said the judge, adding: “I am balancing the length of time this man has been in custody with the right of the public to have the matter investigated properly.”
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