The trial of a garda based in Wexford town, who is charged with an alleged assault in a licensed premises, has been adjourned owing to his brother sitting examinations.
Mr Declan Dennehy, of Lower John Street, Wexford, is charged with assaulting Ms Sinead Sweeney at Centenary Stores licensed premises, Charlotte Street, Wexford, on April 24th last.
When the case was called before Judge Michael O'Shea at Wexford Circuit Court yesterday, Mr Noel Whelan, for the DPP, told the court his client was ready to proceed in the case which would take at least two days. However, Mr Paul O'Neill, for Mr Dennehy , told the court that they had a problem with an essential witness, a brother of the accused, who is due to give important evidence in relation to the alleged incident.
Mr O'Neill said his client's brother is due to sit an important examination in the University of Limerick tomorrow and Friday morning.
He is a very important witness for the defence but would only be available to the court on each afternoon, sometime after 3.30p.m. because the examinations finish at 1 p.m.
Mr Whelan said it would be tomorrow evening before the prosecution evidence concluded.
Judge O'Shea said that given the importance of the case and the importance of the witness to the case, he wondered if it would be right to proceed given that the witness is also sitting an important examination.
He also felt that given the fact the examinations did not finish until 1 p.m. and given the journey from Limerick to Wexford, he was concerned if the witness would be fresh and in a position to give evidence in what is a very important trial.
Following consultation between both parties, it was felt that it would be better to adjourn the trial to the October sitting of the court.