A JUDGE has ruled illness should not prevent a witness attending court to give evidence unless there is clear medical advice to the contrary.
Mr Justice Dermot Kinlen made his comments after Supt Gerry Moran of Kildare apologised to the Central Criminal Court for the way a medical certificate for an ill garda had been presented earlier.
The garda, who is suffering from a back complaint, is a witness in the trial of a Kildare man charged with raping a man.
Last Friday, a medical certificate for the garda was tendered to Mr Justice Hugh Geoghegan when the prosecution sought an adjournment on the grounds of the garda was not available.
Mr Justice Geoghegan said he was not satisfied with the certificate and sought more medical information. He directed the case should be listed for last Tuesday before Mr Justice Kinlen.
At that hearing, Mr Justice Kinlen noted the court had not been provided with further evidence about the witness's health.
Mr Justice Kinlen said instead he was told that when contacted by phone, the garda had said he, was lying stretched out on boards for his back and he might not be fit for "six months or for a year".
Mr Justice Kinlen directed Supt Moran and the doctor to appear before him to explain the issue which he said was "bordering on contempt".
Yesterday, Supt Moran apologised to the court. The garda was in court and while he was unfit for general duties, he would be available to give evidence.
Accepting the apology, Mr Justice Kinlen said this should be a warning to the State in future.
The trial was adjourned and relisted provisionally for May 1st.