An application to strike out a charge against former rugby international Brendan Mullin for the theft of perfume from the Brown Thomas department store has been refused at Dublin District Court.
Judge Áine Clancy rejected the application from John O’Doherty, solicitor for Mullin, who argued there had been noncompliance with a court disclosure order to produce statements to the defence.
Mullin (62), of Albert Lodge, Stillorgan Road, Donnybrook, Dublin 4, is accused of the theft on May 15th of a bottle of Hermès perfume worth €158 from Brown Thomas in Grafton Street, Dublin.
The former rugby star won 55 caps for Ireland between 1984 and 1995 before going on to work in financial services.
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Mullin sat in the back row of the public gallery but was not asked to address the court when the case was called shortly after 11am on Tuesday.
O’Doherty said a précis of evidence had been presented in addition to a closed-circuit television (CCTV) recording but said the footage was “inconclusive”.
Citing an earlier order made by Judge Treasa Kelly, he had made written requests this month for statements but received no response.
“I can’t prepare the defence,” O’Doherty said, adding that his client had been left in a “very unfortunate” position with the case before the court on a number of occasions.
A Garda told court the disclosure order had been complied with.
Solicitor for the Director of Public Prosecutions Peter Sherwood said gardaí had taken further statements “on the provenance” of the CCTV recording.
O’Doherty said this was the first time he learned there “seem to be statements taken”.
Sherwood said he had no correspondence in his file in relation to disclosure.
Refusing the application to strike out the proceedings, the judge put the case back until a further hearing on October 20th.
