DPP given two weeks to issue directions on robbery and heroin case in Cork

Garda Eoin O’Sullivan testified at a previous hearing that 37-year-old Keith Heaphy was allegedly caught with €5,000 worth of Diamorphine heroin at the Bridewell on May 21. File picture

Cases against a man arising of a knifepoint robbery at a shop and another charge of having €5,000 worth of heroin on his person will be struck out on September 30 if directions are not forthcoming from the DPP.

Defence solicitor Diane Hallahan made this application for a peremptory adjournment against the State because the accused, Keith Heaphy, has been in custody in relation to the matters since May 22.

“My client is very anxious about the matter. I would have expected directions (from the DPP) by today. He went into custody a chronic addict and was about to go into treatment in May. His family have sourced treatment for him. He is not getting treatment in prison,” Ms Hallahan said.

Sergeant Dave Delea said the garda file had been sent to the DPP over two weeks ago. Ms Hallahan complained that on the last court appearance by the accused in this matter the prosecution said the garda file had been sent to the DPP.

Judge Philip O’Leary declined an application to strike it out on Monday but said that he would make it peremptory against the State on the next occasion. So if directions are not available on September 30 the case will be struck out.

Garda Eoin O’Sullivan testified at a previous hearing that 37-year-old Keith Heaphy was allegedly caught with €5,000 worth of Diamorphine heroin at the Bridewell on May 21. It was alleged that he disposed of crack cocaine when he was approached but that he was caught with the stash of heroin.

He was charged with having that drug for the purpose of sale or supply.

Robbery case

Garda O’Sullivan also outlined the seriousness of the alleged robbery.

“On January 16 at 9.20pm at O’Keeffe’s shop in St Lukes two men approached. One demanded money from a member of staff behind the counter and produced a large kitchen knife. A second man stood at the door as €400 was robbed,” Garda O’Sullivan.

It was alleged that Keith Heaphy was the second man standing at the door while this was happening. Garda O’Sullivan said that when questioned by gardaí, Keith Heaphy told them he was addicted to crack cocaine.

When Keith Heaphy got into the witness box at Cork District Court to give evidence, Sergeant John Kelleher asked him if he was aware of the principle of joint enterprise where both parties could be deemed to be involved in carrying out the same crime even when they played different parts in it.

Mr Heaphy said he understood that but later added: “I didn’t do anything – just holding the door, that was it.” The 37-year-old whose address was given in evidence as Barrett’s Buildings, Blarney Street, Cork, was remanded in custody on the robbery and drug-dealing charges.