This article is from page 10 of the 2008-05-13 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 10 JPG
THE State Solicitor’s office in En- nis is under pressure due to the large amount of books of evidence being prepared.
That was the message delivered in court last week, when State Solicitor for Clare, Martin Linnane pointed out that several books were currently being prepared.
Books of Evidence are prepared for cases heard in the Circuit Court. The State is given 42 days to prepare the book and present it to the district
court, prior to an accused being sent forward for trial to the circuit court.
In cases were reasons are given, a district judge can extend this time, for preparation of the book.
At Ennistymon District Court last Wednesday, state solicitor Martin Linnane pointed out that the Book of Evidence was not ready in one case.
He asked for an adjournment in the case – of alleged sexual assault – for three weeks, “by which time I hope the Book of Evidence will be ready, but I can’t guarantee. I may need fur- Welolam Bb sl ome
He pointed out that several books were being prepared by his office, adding, “Time is of the essence, bearing in mind the 42-day rule and what not.”
Mr Linnane said he had been of the view that the book in this case was not due to be presented to the court VUOLHU MD E-IKolumHOpEcweslOnsey
The solicitor representing the ac- cused did not object and Judge Joseph Mangan extended time for service of the book. The case was adjourned until later this month, when the book is due to be presented to the court.
The following day at Shannon Dis- trict Court, Mr Linnane was due to present a Book of Evidence in the case of two people charged in con- nection with alleged damage to a bank ATM.
Previously in court, the case had been marked peremptory against the State. At Ipm last Thursday, Mr Lin- nane said the book was “physically being bound and will be ready in an hour.”
However the accused’s barrister Michael Hourigan said he was apply- ing for the case to be struck out. “If
my clients were not here at 11, they would be in jeopardy of bench war- rants,’ said the barrister.
However Judge Joseph Mangan al- lowed the case to stand until after the lunchbreak and the book was pre- sented to the court in the afternoon and the accused were sent forward for trial.
A spokesperson for the courts serv- ice told