The trial of a Fianna Fáil TD charged with assaulting two men will take place in November and is expected to last two weeks.
Mattie McGrath, a former councillor who was elected for the constituency of Tipperary South in May, was remanded on continuing bail by the Circuit Criminal Court in Clonmel yesterday.
Mr McGrath, Garreneasey, Newcastle, was charged with assault causing harm to two young men and with using or threatening to use unlawful violence following a late night incident in the Co Tipperary village last August 14th.
Five other men will be tried alongside him on similar charges. They are his son, Edmond McGrath, Christopher Cullinan, Jason Ahearne and James Lonergan all of Liam Lynch Terrace, Newcastle, and Anthony O'Dwyer of Garrincasey. All six have been granted bail on their own bonds of €3,000 each. They pleaded not guilty at a previous appearance before the district court. Lawyers for both the Director of Public Prosecutions and the defence told Judge Alice Doyle that the trial would take "at least two weeks" and would require a jury.
Lawyers for Mr McGrath told the court their client was facing a third public order charge arising out of the same incident. Mr McGrath and another man, Stuart Forbes, Liam Lynch Terrace, Newcastle, have been charged with using or engaging in threatening, insulting or abusive behaviour. Both have been remanded on this charge to appear at Clonmel District Court in October.
Mr McGrath's lawyers argued that this exposes their client to the risk of "double jeopardy" - in effect that he would face trial twice on related charges - and they asked that all three public order charges be dealt with together during the Circuit Criminal Court trial. Judge Doyle said she would decide on this matter next Tuesday.
Outside the court, Deputy McGrath said he regretted the ongoing delay in bringing the case to a conclusion. He has lodged a formal complaint with the Garda Complaints Board (the predecessor of the Garda Ombudsman Commission) about the garda's handling of the case against him. He said gardaí had confirmed to him that their investigation into his complaint had been completed and the "file sent to Dublin in mid-June". He is waiting to hear the outcome.
If the complaints board decides that a member of the Garda has "committed a minor breach of discipline" it refers the matter to the Garda Commissioner for his attention. In the case of "a serious breach of discipline" the board would refer the case to a hearing of the Garda Complaints Tribunal.