Delays in trial lead to court challenge

A Dublin man has secured leave to bring a High Court challenge aimed at preventing his trial on a charge of murder. The victim was stabbed near a bus stop more than four years ago.

Brendan Grehan SC, for Brian Rattigan, said yesterday he was contending that the delay in bringing the charge against his client had breached his right to a speedy trial.

Mr Rattigan was also prejudiced following the killing in March last of a man who would have been an important witness for the defence, counsel added.

Mr Justice Liam McKechnie granted leave to Mr Grehan to seek, in judicial review proceedings, an order prohibiting the trial of Mr Rattigan (24), Cooley Road, Drimnagh, Co Dublin, on a charge of the murder of Declan Gavin (20), on Crumlin Road, Dublin, on August 25th 2001.

Mr Grehan said Mr Gavin died on August 25th, 2001 and Mr Rattigan was arrested in September 2001 by gardaí investigating the incident. Mr Rattigan was again questioned in November 2001.

In July 2002, Mr Rattigan's brother, Joseph, was shot dead, counsel added. Mr Rattigan himself was shot and seriously injured in the stomach with a shotgun on March 17th, 2003. In September 2003, he was charged with the murder of Mr Gavin.

Mr Grehan said the matter was before the District Court thereafter on a number of occasions and was put back for preparation of a Book of Evidence. A motion was brought peremptorily against the State and the charge sheets were ultimately struck out by the District Court.

However, counsel said, Mr Rattigan was charged again with the the murder on March 11th, 2005. Mr Grehan said it was significant that, two days before Mr Rattiagan was charged, potential witness John Roche was shot dead.