AN ACCUSED man has had his trial on charges of false imprisonment and assault postponed after getting leave from the High Court to challenge the holding of the proceedings. The trial was to have been held on February 12th.
Mr Patrick O'Leary, unemployed, Charlemont Terrace, Wellington Road, Cork, was given leave by Mr Justice Barr to seek a judicial review. Mr O'Leary claims that because of the delay in bringing the trial he has been denied constitutional justice and that he would be severely prejudiced in his attempts to defend himself. He claims he would not receive a fair trial as a result.
Mr John O'Donnell, counsel for Mr O Leary, said that the matter had been listed for trial five times. It was three years since he had been arrested and well over four years since the alleged offence was committed.
The charges related to two alleged offences of false imprisonment, one of assault occasioning actual bodily harm and two of assault contrary to common law. The offences were alleged to have occurred on December 14th, 1991, with the exception of one of the common law assaults, which was alleged to have occurred on December 25th, 1991.
Mr O'Leary was not arrested or charged with any of the offences until October 15th, 1992.
The case came before Cork District Court and the accused man was returned for trial. The State withdrew the charges and started afresh on June 8th, 1993. The case was then struck out by the district judge. It was re entered and was listed for November 9th, 1993, when Mr O'Leary elected to have it transferred to Dublin Circuit Criminal Court.
The matter has come before the Circuit Criminal Court 19 times from December 2nd, 1993. During this time the case has been listed for trial five times.
On those occasions, it had been adjourned at the request of the DPP and without Mr O'Leary's consent because of the unavailability of a critical witness, Mr Anthony Cunningham, who died in 1995. It was also adjourned because of the position of a co accused.
On October 5th, 1995, it was again listed for trial but did not go to trial because of the absence of a trial judge.
In an affidavit, Mr O'Leary said that as a result of the delays, he would be severely prejudiced in his attempts to defend himself. The behaviour of the DPP meant that he had been denied the right to a fair trial and the ancillary rights flowing from that.
Mr Justice Barr said that he was satisfied there was a prima facie case to be investigated as to whether the delay was now of such a length as to cause a breach of constitutional justice.