Judge ruled to have had no power to strike out case

Fri, Feb 1, 2013, 00:00

A judge has ruled that another judge had no power to strike out a case because a Garda witness had failed to travel to Dublin for the sentencing.

Last November Judge Martin Nolan struck out the case when he was told that the garda was on leave and could not travel from Sligo.

Jason Tilbury (27), Knocklyon, Dublin, had pleaded guilty the previous month at Dublin Circuit Criminal Court to possessing a stolen quad bike and trailer in April 2011.

Fiona Murphy, prosecuting, submitted yesterday that the Circuit Court did not have the same power to dismiss cases the lower District Court had.

Judge Mary Ellen Ring agreed that Judge Nolan’s decision to strike out the case was not appropriate.

After hearing evidence of the offence, she imposed a 10- month suspended sentence on condition that Tilbury keep the peace and pay €1,000 to the Carers Association.

Kieran Kelly, defending, said his client should have realised something was wrong when he was offered the trailer and quad bike for €500. The two items are worth €7,000.