A MAN charged with assaulting a security guard at the Abrakebabra restaurant, Westmoreland Street, Dublin, yesterday secured a High Court stay on his prosecution.
Mr Darren Mitchell of Lower Oriel Street, Dublin was charged with producing a knife and threatening a security guard at the Abrakebabra restaurant, on July 7th 1997.
Yesterday he was given leave to seek an order, by way of judicial review, prohibiting his prosecution. He also got permission to seek a declaration that he was entitled to see film from closed circuit video cameras installed in Abrakebabra and in the Temple Bar and O'Connell Street areas. Mr Giollaiosa O Lideadha, for Mr Mitchell, said the Garda did not intend to use the video evidence. His client's solicitor had asked the Garda for the video films but was told everything had already been erased.
Mr O Lideadha said the evidence could be relevant to the guilt or innocence of his client.
The first video system was in operation in Temple Bar, the second in the restaurant and the third in O'Connell Street. His client's case was that the evidence obtained from the restaurant and O'Connell Street videos could have tended to cast doubt on the evidence of a witness.
The security guard had claimed the man who threatened him wore a yellow shirt, and was one of three youths. The guard claimed another youth wore a check shirt and the third a blue shirt. Mr O Lideadha said the Garda had broadcast the description and later went to Temple Bar where it was alleged three persons wearing the same colour of shirts had set upon tourists. Mr Mitchell was later detained in the Henry Street area. Mr O Lideadha said that his client claimed he was not guilty of the offences.
In an affidavit, Mr Niall Nolan, a legal executive, said the destruction of the video film without giving Mr Mitchell an opportunity of viewing it amounted - in circumstances where the Garda was aware of the film - to a breach of his rights.