Man asks for alleged Ballyshannon assault charge to be struck out

A man asked Judge Éiteáin Cunningham to consider striking out an alleged assault and alleged trespass charge in Ballyshannon on the basis of procedural delay.

Paul Gilmore, 46, of Redbrae, Tullaghan, Leitrim, appeared before Ballyshannon District Court facing two charges.

He has been charged with alleged offences that on May 21, 2023, at a property at Assaroe View, Ballyshannon, he allegedly assaulted a man, contrary to Section 2 of the Non-Fatal Offences Against the Person Act 1997.

The second charge was on the same date and address; he allegedly did without excuse, trespass on a building or the curtilage of a building, in such a manner as caused or was likely to cause fear in another person, contrary to Section 13 of the Criminal Justice (Public Order) Act 1994, as amended by Section 22 of the Intoxicating Liquor Act 2008.

Judge Cunningham heard that the case was in for hearing and that Gilmore was representing himself.

Gilmore said: “I would like to make an application to the court. The case has been going on for three years.”

Judge Cunningham was informed of each date that the case was heard or mentioned at a court sitting, before she said to Gilmore: “Your application is for me to consider dismissing the matter on the basis of procedural delay.

“What is the basis of your application? Why do you see the state as at fault?”

Gilmore answered that he believed he and his solicitor were present at every court date ready to proceed.

Judge Cunningham responded: “I am going to consider the point over lunch and will give a decision.”

After consideration, Judge Cunningham queried on the basis of why a previously alleged, indictable offence was struck out, and she was told that there was a delay in submitting the file to the Office of the Director of Public Prosecutions.

Judge Cunningham then spoke to Gilmore. She said: “If that is the case, the court has to be mindful. You have asked the court to consider striking out on the basis of procedural delay.

“I am conscious you are not represented.

“If there is a delay with a director coming back on directions, that can be struck out. That is different to summary matters before the court.

“What the court has to be mindful of is whether the procedural delay was prejudicial to you.

“Had the State not been in a position to proceed today, the matter would have been struck out.

“I have to be fair to this gentleman, who may wish to have representation because it is a serious offence.”

Judge Cunningham set a hearing date for February 2027, with entry against all parties, meaning the hearing must be considered.

Disclosure was also directed to Gilmore by Judge Cunningham.

The case was adjourned until February 19, 2027.