Judge refuses to strike out charge over Leinster House truck incident

A JUDGE has refused to strike out the case of a property developer charged with criminal damage after a concrete mixer truck was driven against the gates of Leinster House last September.

On September 29 last, a cement lorry, with the words Toxic Bank and Anglo in red letters painted on its sides, had been driven against the gates of Leinster House causing minor damages.

Joe McNamara, aged 41, of Dun na Carraige, Blackrock, Co Galway, who reportedly owes Anglo Irish Bank €3.5 million, was charged at Dublin District Court on the following day with criminal damage.

The court had then heard McNamara was exercising his rights to express opinions under section 40.6.1 of the constitution.

Mr McNamara had been remanded on bail to appear again yesterday where state’s solicitor Declan Keating told Judge Patrick McMahon that the DPP’s directions in relation to the case were not yet available.

He requested an adjournment and explained that further charges may be brought against Mr McNamara.

“Directions are sought in relation to that,” he submitted.

“There has been some CCTV evidence obtained by the gardaí,” he said adding, “although the case appears straight forward, it is slightly more complex that it appears”.

He asked for the case to be put back until after Christmas, however, defence solicitor Cahir O’Higgins objected and asked the judge to strike it out.

Mr O’Higgins said his client, who was dressed in a dark suit and an open neck blue shirt and remained silent during the proceedings, had come to court to meet a charge of criminal damage.

He argued that it was a “fairly minor offence” and “summary in nature” which means it should be dealt with at district court level and not sent forward to the circuit court, which has wider sentencing powers.

The state then applied for a shorter, three-week remand for the DPP’s directions, to which the judge agreed.

However, Mr O’Higgins said the judge had not heard his points and asked him to vacate the order which he maintained would otherwise be “unlawful”.

The judge refused and remanded McNamara on continuing bail to appear again on December 16 next.

However, he marked the case “peremptory against the state”, meaning it could be struck out on that date if the DPP’s directions are not available by then.