A man accused of shooting Dublin publican Mr Charlie Chawke during a robbery at the Goat Grill has secured leave from the High Court to seek orders restraining the DPP from taking further steps in prosecuting him.
Mr Patrick MacEntee SC, for Mr Larry Cummins, yesterday secured leave from Ms Justice Macken to seek, in judicial review proceedings, a number of orders including an order restraining his prosecution. The judge heard that, because of problems with part of the DPP's case against Mr Cummins, the entire trial set down for October last, has been postponed. Mr Cummins has spent more than a year in custody and has been refused bail.
Mr Cummins (54), Summerhill Parade, Dublin, and another man, Mr Frank Ward (51), of Knockmore Avenue, Tallaght, are awaiting trial on a number of charges arising from the robbery of €52,000 from Mr Chawke in the car-park of the Goat Grill, Goatstown, on October 6th, 2003. Mr Chawke sustained serious injuries after being shot during the robbery and had part of his leg amputated.
Last month, Mr Ward secured leave to seek orders against the DPP arising from events on October 4th last during which Mr Ward was released, re-arrested, re-charged and re-incarcerated. Yesterday, Mr MacEntee, for Mr Cummins, secured leave to seek similar orders arising from the same set of circumstances. Ms Justice Macken returned the matter to January 20th.
