Charges against two men accused of shooting publican Charlie Chawke may be struck out at Dublin Circuit Criminal Court unless an indictment is lodged by tomorrow.
Judge Desmond Hogan has warned senior counsel Paddy McCarthy, representing the DPP, that if the indictment is not presented in court tomorrow the charges will be struck out.
Frank Ward (51), Knockmore Avenue, Tallaght, and Larry Cummins (54), Summerhill Parade, Dublin, are charged with the shooting and robbery of Mr Chawke at his public house, the Goat Inn, in Dundrum, Dublin, on October 6th, 2003. Mr Chawke had a leg amputated after he was shot as he was leaving the pub to bring the takings to the bank.
Senior counsel Michael O'Higgins, defending Mr Ward, said it was unacceptable that his client's legal team had not been furnished with an indictment.
A letter requesting an indictment was sent to the DPP on January 7th, and a second sent on February 25th. No reply had been received.
Mr O'Higgins had earlier made an application to Judge Hogan to have the case struck out. He said the DPP entered a nolle prosequi against Mr Ward and Mr Cummins at the beginning of January, and they were discharged as an indictment was not ready. He said they were both rearrested, but still no indictment for these charges had been presented.