Gardaí have been asked to explain why they failed to execute a bench warrant in July and August for the arrest of a man now facing charges for a murder committed on September 4th.
Ian Kinahan (36) is charged with murdering Mick Creighton (82) in Mullingar, Co Westmeath, on September 4th. Judge John Neilan revealed yesterday that he had issued a bench warrant for Mr Kinahan's arrest for motoring offences on July 1st.
The judge wants gardaí to explain why this warrant was executed only when Mr Kinahan was arrested for Mr Creighton's murder. Mr Kinahan has pleaded not guilty to the murder charge.
The body of Mr Creighton, a former town engineer, was found in his apartment at Belvedere Court, Castle Street, Mullingar, at 4.30pm on September 4th.
A native of Co Galway, he had lived in Mullingar for over 40 years and was involved in local organisations. He was last seen at 11am on September 2nd.
Judge Neilan said yesterday he was dissatisfied that the warrant for Mr Kinahan's arrest was not executed during July and August; he had a strong suspicion that Mr Kinahan was living in Mullingar during those months. He also suggested that Mr Kinahan might not now be facing a murder charge if the warrant had been executed.
The murder charge and motoring offences have been adjourned until November 3rd to allow gardaí time to explain why they failed to execute the warrant.Insp Tom Curley said a number of visits were made to an address Mr Kinahan had been living at in Mullingar, but he was not there.
Judge Neilan described as "haphazard" the Garda practice of making appointments with defendants for whom bench warrants have been issued. "A bench warrant is an order of the court, not a discretionary document," he noted. The warrants should be "acted upon", he added.
Mr Kinahan was charged in Edenderry District Court on May 5th with motoring offences. He failed to turn up in court in June, and the warrant for his arrest was issued in Edenderry on July 1st.
Judge Neilan noted the warrant was processed in Tullamore station by Insp Peter Wheeler on July 8th, and received in Mullingar on July 13th.
A number of locals jeered Mr Kinahan as he was led away from the court yesterday.