A man who failed to appear as a witness at the trial in April of his brother-in-law for allegedly threatening to kill the man's wife has now left Ireland, Dublin Circuit Criminal Court was told.
Ahmad Elsayed, the husband of Rawaa Hassan, had been summonsed to give evidence in the trial of her brother, Hassan Hassan, who was charged with making the death threat to her, and Judge Frank O'Donnell ordered an investigation into the explanation he later gave for his absence.
Garda Nigel Petrie told Judge O'Donnell yesterday he had been informed Mr Elsayed had "to return urgently to the Lebanon" due to the illness of a relative and he could not therefore interview him as directed by the court.
Judge O'Donnell adjourned the hearing to a later date.
The jury in the April trial was directed by Judge O'Donnell on day six of the hearing to find Hassan Hassan (38), Forestfield Road, Swords, Co Dublin, not guilty of threatening to kill his sister at her home on August 9th, 2005.
Judge O'Donnell said he directed the "not guilty" verdict because Mr Elsayed and his 15-year-old daughter were not available to give evidence and in his opinion their evidence was vital to allow the jury to determine the guilt or innocence of Hassan.
Hassan's wife, Baiba Saulite, a Latvian national, was shot dead at her Rivervalley Close home in November 2006.
Hassan was jailed for two years last December after he pleaded guilty to the abduction of their two children in December 2004 and had been jailed for four years in March 2006 for his role in a plan to export stolen vehicles to the Middle East.
Mr Elsayed appeared in court on May 2nd, 2007, and told prosecuting counsel Dominic McGinn BL that he was aware the trial had been going on but that nobody had told him when to go to court.
He also said he was sick on the day he was supposed to appear, but because he was at the time divorced under Islamic law from Hassan's sister, Rawaa, and "no longer lived in their family home", he could not ask her to pass on a message to the court.
Judge O'Donnell told Garda Petrie on May 2nd last to fully investigate the matter and to interview Mr Elsayed.