Son wants charges dropped as mum died

A young man accused of kicking in his mother’s front door and assault causing harm to her at Christmas argued through his solicitor yesterday that the charges should be struck out because she had died on Monday night.

Joseph Cuddigan, solicitor, said in the case against Christopher Ruby that his mother, Rosamond Ruby, fell at home sustaining a fatal injury and died in hospital on Monday night. Mr Cuddigan argued that in the circumstances the two charges of assault and criminal damage should be struck out.

He said Christopher Ruby had been in custody since December 23, 2018, on the charges. Ruby has been in custody on charges of assault causing harm to his mother on December 21 and causing criminal damage to the front door of her home.

Mr Cuddigan said that in a period of almost 40 years as a solicitor he had never come across a prosecution for assault where the complainant was deceased.

“It is no longer tenable to proceed with the two charges,” Mr Cuddigan submitted. Sgt Ann Marie Twomey said directions were still awaited from the DPP and that in respect of the criminal damage charge there may be witnesses other than the deceased.

Mr Cuddigan submitted that the evidence of the complainant owning the property was an essential proof. Sgt Twomey suggested there was a written statement of complaint from the late Mrs Ruby in relation to the criminal damage. Mr Cuddigan said:

“You cannot rely on a statement unless the person is available for cross-examination.” Detective Garda Maurice Leahy said that gardaí consented to the accused being remanded on bail instead of custody provided that he lived at Knocknasuff, Blarney, signs three times a week at Gurranabraher Garda Station, and stays away from an address at Ard Na Greinne, Station Road, Blarney. The case was put back until April 3.