Further delay as gardaí wait for forensic analysis
Judge Michael Pattwell warned, however, that a senior garda investigating the case or an official from the office of the DPP would be required in court to explain any further delay in the service of the book of evidence.
Wayne O’Donoghue, aged 21, who is charged with the manslaughter of his 11-year-old neighbour at Ballyedmond, Midleton, on January 4, is due to appear in court again on Thursday.
Gardaí said the reason for the delay was that they were waiting on forensic analysis which could make a difference to the case. The victim’s parents, Mark and Majella were present in court. O’Donoghue, an engineering student at Cork Institute of Technology, was dressed in a dark suit and sat with his head bowed throughout the 25-minute hearing. His father Ray sat in the well of the courtroom.
The boy’s body was discovered near Inch Strand in east Cork eight days after he disappeared. He died of asphyxiation.
Superintendent Liam Hayes yesterday disclosed that forensic evidence had not been finalised.
Solicitor Frank Buttimer, representing O’Donoghue, said his client “did not wish to prejudice the State but wanted an indication of what was actually happening so he can participate in the process generally.”
The superintendent said the charge that O’Donoghue was facing was based on a skeleton garda file sent to the DPP. Supt Hayes, making an application for a further remand, said he was still awaiting a direction from the DPP. But Mr Buttimer said he was entitled, on behalf of his client, to know why a further extension was required for the book of evidence.
Under the rules, a book of evidence must be served within 42 days, although a judge is permitted to allow extensions.
Supt Hayes said the DPP was not in a position to make an informed decision as certain forensic reports were still outstanding. Judge Pattwell, initially indicating he was not satisfied with the State’s application, said he could not continue to hold up the case for further charges.
The superintendent said: “I don’t want to indicate and I don’t want it to go out that there are further charges.
“It was a huge investigation and there are matters outstanding for the DPP to see. Obviously, these matters could make a difference.”
Mr Buttimer insisted that the superintendent should be “more forthcoming” and asked for the outstanding matters to be outlined to the court.
Supt Hayes later conceded that forensic evidence had still to be finalised.
Mr Buttimer said he was surprised that the forensic evidence was not ready as it had received “considerable attention” some months ago.
The superintendent indicated there would be progress within the next week.
Judge Pattwell said it would be unreasonable to limit the prosecution to producing the book of evidence within 42 days as, in the circumstances, the case was very tragic and traumatic.
The judge granted the extension on the grounds that if there was a further delay, he would require someone in charge of the investigation or someone from the DPP’s offices to explain the hold-up and to also make themselves available for examination by Mr Buttimer.
No application was made for bail.
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