Judge Frank O'Donnell has called for an investigation into why a man did not answer his witness summons at a Dublin Circuit Criminal Court trial of his brother-in-law who was charged with threatening to kill his wife.
Mr Ahmad Elsayed, the husband of Ms Rawaa Hassan's, was due to act as a witness in the trial of Hassan Hassan (aged 38) of Rivervalley Close, Swords last month, but failed to answer his summons.
Garda Nigel Petrie told Mr Dominic McGinn BL prosecuting, he was aware that Mr Elsayed had claimed he had been divorced from Ms Hassan at the time under Islamic law and no longer lived in their family home.
He said that when he called to the house last April, after Mr Elsayed and his daughter did not show up for the trial, his belongings were still in the house.
His other children informed him that he still lived there but was not there at the time and they did not know where he was.
Judge O'Donnell told Gda Petrie to fully investigate the matter and told him to interview Mr Elsayed and speak to the Islamic Council about the document that "purports" to be from them.
"It's not good enough that a man fails to turn up at a case," he said. "The courts cannot be treated in this manner by this man."
He added that it was a different matter for Mr Elsayed's 15-year-old daughter and said that no investigation should be carried out in relation to her failure to attend court.
Hassan, the former partner of Latvian woman Baibe Saulite who was shot dead at her home in Swords in November, was jailed for two years last December for the abduction of their two children.
He was later acquitted by the direction of Judge O'Donnell on the charge of making a threat to kill or cause serious harm to Ms Hassan at her home on August 9, 2005.
Judge O'Donnell directed a jury of 10 women and two men to find Hassan not guilty because two witnesses, Mr Elsayed and his 15-year-old daughter, were not available to give evidence.
He said, in his opinion, it was vital that they heard the evidence of these witnesses to allow them to determine the guilt or innocence of Mr Hassan.
Mr Elsayed appeared in court on May 2, 2007 and told Mr McGinn that he was aware the court case had been going on but that nobody had told him when to go to court. He also said he was sick on the day he was supposed to appear.
Mr McGinn asked him why he did not ask his wife to pass on a message to the court. He replied that he was now separated from his wife and does not see her anymore.
He handed in a letter from the Islamic Foundation of Ireland, contents of which were not read in court but it appears to say he has moved out of the family home.