This article is from page 16 of the 2014-10-14 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 16 JPG
A PROSECUTION taken against a young Ennis man accused of unlawful possession of a knife has ended after a district court judge made no order in the case.
At Ennis District Court on Wednesday, Judge Patrick Durcan said the only option open to him in the case of Sylvanus Akpaku was one of “no order”.
Judge Durcan made the decision after differences emerged between the judge and the Director of Public Prosecutions (DPP) on how the case should proceed. The DPP directed summary disposal of the case in the district court but after hearing a summary of the alleged facts, Judge Durcan refused jurisdiction.
The case was referred back to the DPP and came back before Judge Durcan in September.
After again outlining a summary of the alleged facts, Insp Kennedy told the court the DPP had determined the matter was not suitable for trial on indictment in the circuit court and should instead be tried in the district court.
Judge Durcan said he had a particular view on the jurisdiction of the case, which he said he could not fully elaborate on. However he mentioned that his views might have something to do with sentencing, should it arise in the case.
“Am I bound by what the DPP says?”, the judge asked Insp Kennedy.
Insp Kennedy said he would have to refer back to the DPP for further directions. “I have never seen this before,” he added.
Judge Durcan said he had a responsibility to the district court area he presides over to ensure that law and order is maintained.
He adjourned the case to October 7 to allow gardaí further consult with the DPP.
The case came back before Judge Durcan on Wednesday where Insp Kennedy said the DPP maintained her original view on the case.
“The DPP is withholding consent. She is saying the (alleged) offence is within the sentencing parameters of the district court,” Insp Kennedy.
Judge Durcan said the only order he could make was no order.
Mr Akpaku (20), with an address at Dun Na hInse, Lahinch Road, Ennis, was charged with having a knife which had a blade or which was sharply pointed at Mill Road, Ennis, on May 3, 2014.
The alleged offence was contrary to the f rearms and offensive weap ons act.
In the case it was alleged the knife was discovered in the accused’s sock during a garda search of the car he was traveling in.
It was alleged he told gardaí he had the knife for his own safety. The prosecution case against Mr Akpaku has now ceased.