Lawyer ‘astonished’ as case tried at Circuit level
A judge sat at Limerick Circuit Court, where a jury of seven women and five men were sworn in yesterday morning to try the charges brought against Ger Hannon McCarthy, aged 20, of Park View, Hassetts Cross, Killeely, Limerick.
He denied the charges.
Two detectives were in court to give evidence of the alleged robbery which occurred near a supermarket on November 19, 2012.
It was alleged that Mr McCarthy produced a knife during the robbery.
The DPP directed that the case be tried by judge and jury in the Circuit Court, rather than the non-jury District Court.
For yesterday’s hearing, which lasted just over two hours, a judge, jury, two barristers, two solicitors, two garda witnesses, a court garda and court registrar had to be assembled for the case. A court ‘logger,’ who records evidence, had to be brought from Dublin.
On the application of defence barrister, Laurence Gouchier, Judge Tom O’Donnell ‘threw out’ the case, due to lack of evidence.
Following the hearing, Mr Gouchier said: “I was astonished that this case was brought into the Circuit Court before a judge and jury and all the attendant costs, which the State has to pay.
“The DPP directed that the case be brought to the Circuit Court, when all that was involved was the alleged theft of a mobile phone, a small sum of money of about €10 and some keys.
“It is a case that should not have been brought to the higher court given the charges and the costs. It was a case more appropriate to the District Court,” Mr Gouchier said.
“I was astonished that the DPP decided to go ahead with a book of evidence into the Circuit Court.”
A spokesman for the prosecution said the decision to bring the case to the Circuit Court was decided on due to the allegation that an knife was produced in the alleged offence.
CONNECT WITH US TODAY
Be the first to know the latest news and updates
