This article is from page 18 of the 2012-10-23 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 18 JPG
A JUDGE has rejected a suggestion that charges against an Ennis man accused of having heroin for sale or supply should be struck out.
Judge Aeneas McCarthy was speaking at Ennis District Court on Wednesday where he granted an extension of time for the service of the book of evidence on David Joyce (23).
Mr Joyce, with an address at 85 Dun Na hInse, is charged with unlawful possession of diamorphine at 90 Dun Na hInse, Ennis on May 30 (2012).
Mr Joyce is also charged with having diamorphine for purposes of sale or supply at the same location and date.
New charges of cannabis possession and having cannabis for sale or supply at the same location and date have now been brought against Mr Joyce.
Inspector Tom Kennedy said the Director of Public Prosecutions (DPP) had directed that all charges would be proceeding on trial on indictment. He requested that the case be adjourned until November 7 for service of the book of evidence.
Defence Solicitor Tara Godfrey told the court that she was not consenting to a further adjournment.
She said the State had been informed in September of the DPP’s directions in relation to the heroin charges.
She said 42 days had elapsed between her client’s first appearance in court and his latest court appearance.
Inspector Tom Kennedy said there had been “significant operational issues” in the case.
He said the gardaí had now received clarity as regards the cannabis charges.
He said all the charges would be going forward as part one book of evidence.
Pointing to ongoing delays in the State’s case, Ms Godfrey suggested that the original charges against her client should be struck out.
“There was something happening in the background that we didn’t know about”, she added.
Judge McCarthy said he was satisfied by the explanation given by the State.
He extended time for service of the book of evidence.
Mr Joyce was remanded on continuing bail to appear again at Ennis District Court on November 7.