A number of concessions were made to the High Court yesterday by lawyers for a Co Roscommon man, Mr Oliver O'Regan, during a hearing in which the DPP is challenging a decision by a District Court judge to dismiss assault charges against Mr O'Regan.
The court was told Mr O'Regan accepted that there may have been bona fide confusion regarding the listing of his case before District Justice Bernard Brennan, now retired.
Mr Feichin McDonagh SC, for the DPP, is seeking to have quashed Judge Brennan's dismissal of charges against Mr O'Regan of assaulting Mr Frank Ward, Mr Tony Scanlon and Mr John Collins outside a disco on October 26th 1997.
The DPP claims Judge Brennan acted in excess of his powers and contrary to natural and constitutional justice in relisting or procuring the relisting of the prosecution of Mr O'Regan for January 15th 1999 and in purporting to vary his order of December 18th 1998, under which the prosecution was adjourned to February 19th 1999. The DPP further alleges that the judge was wrong in determining the prosecution on January 15th 1999 without having given the DPP any due notice that it was listed - allegedly at the judge's request - on that date.
In the statement of opposition in the case, it is denied that the judge relisted or procured the relisting of the prosecution on January 15th.
Yesterday, Mr Edward Walsh SC, for Mr O'Regan, said a number of concessions were being made to the DPP. Mr O'Regan accepted that there may have been bona fide confusion about the date of the court listing. He also accepted that the gardaí may have only become aware on or about January 13th of the matter being in the list for January 15th 1999. He further accepted that, when the matter was before the court on January 15th, the State was not afforded an opportunity to reply to submissions made on his behalf.
The hearing continues today.