A man accused of shooting a Dublin publican during a robbery has been remanded in custody after a day in which he was released, re-arrested, re-charged and re-incarcerated.
Mr Frank Ward (51), Knockmore Avenue, Tallaght, Dublin, had been charged last year along with Mr Larry Cummins (54), Summerhill Parade, Dublin, with robbing €52,000 from Mr Charlie Chawke in the car park of the Goat Grill Pub, Goatstown, on October 6th, 2003.
Mr Chawke sustained serious leg injuries after being shot during the alleged robbery. The pair also faced firearm charges.
Both have been in custody for nearly a year awaiting trial on these charges and were due before the Circuit Criminal Court next Monday for the hearing.
A few days ago however, the DPP wrote to their lawyers stating they would be making an application in advance of next Monday seeking to vacate the trial date "due to an error in the return for trial." The case came before Judge Desmond Hogan in the Circuit Court today where a nolle prosequiwas entered by the State.
Mr Ward was freed while Mr Cummins remained in custody on other matters. Mr Ward was immediately re-arrested outside the courthouse and brought before Dublin District Court where his lawyer challenged the legality of his arrest.
Mr Sean Gillane BL, for Mr Ward, said what had happened was nothing more than a device by the DPP to overcome the problems he had run into and it was an insult to the processes of the courts.
The court heard the flaw in the documents returning the men for trial to the Circuit Court related to an error concerning the firearms charges, scheduled offences which can be tried in the ordinary courts or Special Criminal Court.
As a result, Mr Gillane said, his client would be faced with spending another nine months in custody awaiting trial because there was little or no prospect of getting it listed soon. It was almost a year to the day since he was arrested for the alleged offences and he has been in custody since then.
Mr Patrick McCarthy SC, for the State, said the DPP had acted as soon as possible in writing to the defendant's solicitor once the problem was discovered. In discharging Mr Ward this morning, Judge Hogan had made no finding which could have diminished Mr Ward's rights.
Judge McDonnell said he was satisfied the accused was validly before the court. After listening to objections from gardaí to bail hearing, he refused to grant bail and remanded him in custody to appear in Cloverhill District Court next Tuesday.