A man accused of the armed robbery of Dublin publican, Mr Charlie Chawke, has won the right to seek restraining orders on the DPP from pursuing his prosecution.
Due to the collapse of Mr Frank Ward's trial last month - after he spent a year in custody - counsel for the defence argued that a second trial would be a violation of his civil rights and especially his right to a speedy trial, as he would most likely spend another year in custody.
Mr Ward (51), of Knockmore Avenue, Tallaght and Mr arry Cummins (54), Summerhill Parade, Dublin, are awaiting trial on a number of charges arising from the alleged robbery of €52,000 from Mr Chawke in the car park of the Goat Grill, Goatstown, on October 6th, 2003.
Mr Chawke sustained serious leg injuries after being shot during the alleged robbery and has had part of his leg amputated.
However, Mr Michael O'Higgins SC, representing Mr Ward, has successfully secured passage to seek orders against the DPP after his client was released, re-arrested, re-charged and re-incarcerated on October 4th last year.
Mr O'Higgins claims that the entire situation violated his client's civil rights. He will be seeking orders to prevent any further prosecution of Mr Ward.