The trial of RTÉ First Dates star Daphney Sanasie, who is accused of harassing Dylan McGrath, has been postponed because the celebrity chef is bedridden with chronic pain.
The 26-year-old model from South Africa, who has an address at Jamestown Rd, in Dublin 8, is accused of harassing Dylan McGrath, aged 39, at various locations from September 9 until November 21 last year. The charge is contrary to Section 10 of the Non Fatal Offences Against the Person Act.
She is contesting the case and her Dublin District Court trial had been scheduled to take place on September 30. The case was listed for mention yesterday to confirm availability of witnesses.
However, Judge Cormac Dunne heard the prosecution was seeking an adjournment because Mr McGrath recently had serious surgery on his back and was not “in a fit way to come to court”.
There was no definitive date yet as to when he would be fit to come to the trial, a state solicitor said as she applied for an adjournment.
Dressed in black hat and red dress, Ms Sanasie did not address the court. Defence counsel Rachel McGovern objected to the delay saying Ms Sanasie had completed her studies here and wished to return to Cape Town.
Judge Dunne asked what Ms Sanasie would expect if she was ill, adding “it is a two-way street”. He said the witness was ill and he was furnished with a report saying his mobility was impaired.
However, he also said the accused was entitled to a trial as early as possible.
Garda Colm Kelly told the court that he has seen the complainant and described him as “mostly bedridden”.
Gda Kelly said this was “due to the pain he is suffering when he is mobile”.
He said he would check on Mr McGrath’s progress ahead of the next hearing.
Judge Dunne adjourned the case until October 28 when it will be listed for mention and for a new trial date to be set.
The court also heard the prosecution will call 10 witnesses while two people will give evidence for the defence.
The defence also made a fresh application for disclosure of evidence. Ms McGovern said her client’s phone had been forensically analysed by an expert but the defence wanted independent analysis to be carried out.
Ms Sanaise’s legal team had been provided with a Garda report on the analysis of phones. Ms McGovern said that “the dispute is in the content, we would like to have the phones forensically examined”.
The court deferred ruling on that issue.
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