A man facing drug dealing charges was yesterday told that he could walk free from court if the State does not have its book of evidence against him ready in the next two weeks.
At Kells District Court yesterday Judge John Brophy said the fault for the delay was with the DPP and not the Garda.
Seán Fennessy (26), Windtown Crescent, Navan, is charged with allegedly being in possession of cocaine for sale or supply at Mooneystown, Athboy, on August 5th last year.
He is also charged with the alleged possession of the drugs.
Along with the late Paul Reay (26) and two others, Mr Fennessy was arrested by gardaí following a raid in Athboy last year. It was alleged the the drugs were estimated to be worth in the region of €300,000.
Mr Reay, a father of three, was shot dead on his way to Kells court last November.
Yesterday Garda Supt Gerry Cadden, from Kells Garda station, told Judge Brophy that the DPP had directed to proceed to trial on indictment.
That would mean the case should be sent forward to the Circuit Court where the accused has the option of trial by judge and jury.
Before this can happen a book containing the prosecution evidence is served on the accused and he is formally sent forward by the District Court to the Circuit Court.
However, the DPP directions had only been given to the Garda the day before yesterday, Supt Cadden said.
When the judge asked how long it would be before the book of evidence was ready, the superintendent said it would "take some time" and would be substantial.
Mr Fennessy's solicitor, James Murphy, said his client has been in custody since last August and he was "mystified" why the directions on him had only been available since the previous day.
"The DPP should have made up its mind long before now. I will give one final adjournment and then I will strike it out. After that you can re-arrest him if you like," Judge Brophy said.