Accused seeks book of evidence
Judge Con O’Leary acceded to the application to make the case peremptory against the state for service of a book of evidence.
The decision could possibly result in the case against the accused being struck out if the book of evidence is not served on the accused man on January 26.
Kenneth Lyons, aged 28, of 25 Willison Meadows, Tower, Blarney, Co Cork, is charged with stealing €28,000 in cash from a 70-year-old man at his home on Wolfe Tone Street, Cork, on June 26 last. The second count states, at the same date and place, he made a statement calculated to suggest falsely he was a member of the gardaí.
Solicitor Emmet Boyle submitted yesterday at Cork District Court the accused was charged late last June and was anxious to receive the book of evidence.
The Director of Public Prosecutions indicated in November the case would be proceeding by way of indictment. The case was adjourned a number of times to allow for preparation and service of the book of evidence on Lyons.
Inspector Mary King applied to have the case further adjourned yesterday until January 26 for service of the book of evidence.
If a case is struck out for lack of service of a book of evidence, it is open to the prosecution to bring charges against the same defendant again.
