This article is from page 2 of the 2009-10-27 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 2 JPG
THE solicitor representing a man ac- cused of murder in Kilrush in July has expressed concern that photo- graphs taken by the state patholo- gist at the scene have not been made available to the defence.
Father-of-two Brendan O’Sullivan (25), of 10 O’Gorman Street, Kil- rush, is accused of murdering Leslie Kenny at O’Gorman Street, Kilrush, on July 29 last.
Mr Kenny was shot dead at around 10.30am on Wednesday, July 29, in
the front garden of 10 O’Gorman Sistem
Mr O’Sullivan appeared before Kilrush District Court last Wednes- day, where the book of evidence was due to be served.
Superintendent Michael Comyns told the court that the book of evi- dence was not ready and applied to the court for the accused to be remanded on continuing bail for a month.
Defence solicitor Eugene O’Kelly said he was objecting to that applica- tion. He said that the permitted time
for preparing a book of evidence is 42 days and this was being treated by the state as “aspirational” more than “obligatory.”
He said he was not objecting for the sake of being awkward, but there were practical difficulties.
He pointed out that the deputy state pathologist in Northern Ireland, Dr Alistair Bentley, carried out an inde- pendent autopsy.
Mr O’Kelly said Dr Bentley re- quired sight of photographs taken by the state pathologist, when the body was in situ.
“The state, for whatever reason, won’t accede to Dr Bentley’s request. He is most surprised to hear that gardai refused to release the photo- graphs,” said the solicitor.
He said he did not see how releas- ing the photographs would hamper the garda investigation and said the PSNI is very helpful in investigations it carries out.
However, Judge Joseph Mangan said, ““That’s a matter for the trial.”
Mr O’Kelly then said, “The book of evidence is not ready and we are not being told why.”