Several Dundalk criminal cases delayed due to legal technicality

A number of trials due before Dundalk Circuit Criminal Court have been delayed because of a legal technicality relating to the…

A number of trials due before Dundalk Circuit Criminal Court have been delayed because of a legal technicality relating to the way the cases were sent forward by the District Court to the Circuit Court.

The problem emerged last year when Mr Roderick O'Hanlon SC sought a judicial review relating to a man from Northern Ireland charged with dangerous driving causing the death of a young Drogheda couple.

The issue related to his client being sent forward for trial on summary matters as well as the indictable matter when section 6 of the Criminal Justice Act 1951 says someone can only be sent forward to the Circuit Court on indictable matters.

Summary matters are dealt with at District Court level while indictable matters are normally more serious and dealt with at the Circuit Court, although the judicial system means that all matters, including crimes of murder and rape, will first appear in the District Court.

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The technicality has been raised in relation to at least two trials currently listed for the Circuit Court in Dundalk and affected one trial earlier this year.

Yesterday afternoon, the State solicitor for Co Louth, Mr Gerard Daly, addressed District Court judge Mr Flann Brennan on the matter when another man was due to be sent forward on a number of charges relating to a fatal road-traffic accident by Dundalk District Court.

Mr Daly told Judge Brennan that, as of Tuesday this week, the DPP had instructed him to advise gardaí to only send forward on indictable charges and to adjourn summary matters at the District Court.

Meanwhile, a date has not yet been set for the High Court hearing of the judicial review.