CHARGES OF public indecency against a man have been struck out because the woman who made the complaint went to Australia three weeks ago to look for work.
Farrukh Saleem (42), Clarke Flats, Tullamore, faced two charges of indecency relating to an incident at Cappagh Grove, Ballinagar, Offaly, on January 14th, 2008.
Insp Pat Murray requested an adjournment. He said the case was of importance because the defendant was a taxi driver at the time of the alleged offences.
Judge Conall Gibbons described it as “inexplicable” that the complainant did not appear in court although she knew the case was due for hearing at Tullamore District Court yesterday.
He said that complainants “can’t have it every way” and that the “Garda have to go to a lot of trouble to investigate complaints and it behoves the complainant to make an appearance in the public interest and in the interest of the individual case.”
He described the situation as regrettable and refused the defence application to dismiss the case, saying it was not possible as he had heard no evidence.
He said the only option open to him was to strike out the charges and he noted that they could be re-entered by the prosecution.
The complainant is due to return to Ireland late this year.
The case was first before the court in February 2008.
It was not reached on February 8th and when it was called on February 13th, Mr Saleem failed to appear and a bench warrant was issued.
The court heard he had gone to visit his sick brother in Pakistan but had presented himself to gardaí on his return in December and the hearing date had been set 4½ weeks ago.