A judge has refused to strike out the case of a property developer charged with criminal damage after a concrete mixer truck was driven against the gates of Leinster House.
The lorry, with the words “Toxic Bank” and “Anglo” in red letters painted on its sides, was driven against the gates of Leinster House on September 29th, causing minor damage.
Joe McNamara (41), of Dun na Carraige, Blackrock, Co Galway was charged at Dublin District Court on the following day with criminal damage.
The court had then heard Mr McNamara was exercising his rights to express opinions under section 40.6.1 of the constitution.
Mr McNamara had been remanded on bail to appear again today where State’s solicitor Declan Keating told Judge Patrick McMahon that the DPP’s directions in relation to the case were not yet available.
He requested an adjournment and explained that further charges may be brought against Mr McNamara. “Directions are sought in relation to that,” he submitted.
“There has been some CCTV evidence obtained by the gardaí,” he said. “Although the case appears straight forward, it is slightly more complex that it appears.”
He asked for the case to be put back until after Christmas.
Defence solicitor Cahir O’Higgins objected and asked the judge to strike it out.
Mr O’Higgins said his client, who was dressed in a dark suit and an open neck blue shirt and remained silent during the proceedings, had come to court to meet a charge of criminal damage.
He argued that it was a “fairly minor offence” and “summary in nature” which means it should be dealt with at district court level and not sent forward to the circuit court, which has wider sentencing powers.
The State then applied for a three week remand for the DPP’s directions to which the judge agreed.
However, Mr O’Higgins said the judge had not heard his points and asked him to vacate the order which he maintained would otherwise be “unlawful.”
The judge refused and remanded Mr McNamara on continuing bail to appear again on December 16th next.
However, he marked the case “peremptory against the State” meaning it could be struck out on that date if the DPP’s directions are not available by then.