Two youths arrested over a cannabis seizure worth €40,000 in Finglas, in Dublin, in January, had their charges struck out today due to a delay obtaining directions from the DPP.
The north Dublin boys, who are both aged 17, had been charged earlier at the Dublin Children’s Court, with possessing the cannabis for sale or supply at North Road, in Finglas, on Monday, January 12 last
The court had been told earlier in the proceedings that it was suspected that the pair may have disposed of a firearm connected to a north Dublin feud.
At their first court appearance, both had been ordered, as terms of bail, not to have any contact with another family with whom one of the defendants’ relatives was allegedly feuding.
On April 1 last, Judge Ann Ryan had granted further time for the DPP’s directions to be obtained. But she had also said the case would be peremptory against the State meaning it would be struck out if the DPP’s directions are not available by today.
Garda Paul Ryan told Judge Aeneus McCarthy that he had not received the directions. He said he had been issued with a letter from the office of the Chief State Solicitor which stated they had some issues to raise and that a further two weeks was being requested.
Counsel for one of the youths, Mr Emmett Nolan told Judge McCarthy that he was seeking a strike out. He submitted that today’s appearance by the youth was his fifth time in court in relation to these charges and the case had now fallen outside of the 42-day rule for completion of a book of evidence.
He added that the letter referred to by the garda was hearsay and there was no evidence before the court to explain the delay.
The co-defendant’s solicitor also said it was 91 days since the case had first come before the court.
Striking out the charges against the pair, Judge McCarthy said that there was no explanation as to why he should extend time for the prosecution.
Both teenagers, who are taking part in training courses, were accompanied to court by fathers. They had never been in trouble before, the court had heard previously.