A Dublin man facing forgery charges involving £74,000 which was allegedly withdrawn, or attempted to be withdrawn, from Educational Building Society accounts yesterday asked the High Court to stop him being tried.
Mr Patrick Donovan, of Dolphin House, Rialto, Dublin, has claimed that as a result of a delay in prosecuting the charges against him which date back to 1994, his constitutional right to a speedy trial had not been vindicated.
In an action against the DPP, Mr Donovan is seeking an order prohibiting his trial before Dublin Circuit Criminal Court. He is charged with 14 offences of forging and uttering forged documents and thereby withdrawing or attempting to withdraw some £74,000 from EBS branches. He also faces a 15th charge of handling a stolen pass book.
In an affidavit read to court, Mr Donovan said it was alleged that £5,000 was withdrawn from the EBS account of a named man on April 26th, 1994, that £10,000 was withdrawn from the same account two days later, and a further £5,000 the following day.
It was alleged that on May 3rd, 1994, there was an unsuccessful attempt to withdraw £40,000 from that same account. It was also alleged that £5,000 was withdrawn from another account on April 26th, 1994, and a further £6,000 the following day.
In court yesterday, Mr Giollaiosa O Lideadha, for Mr Donovan, said his client was alleged to have committed offences in April and May 1994. A complaint was made to gardai on May 11th, 1994, and documentary and video evidence was given to gardai on May 20th, 1994.
His client was charged in June 1994 with one offence of taking £10,000 from the EBS on April 29th, 1994 in fraudulent circumstances. Further charges were preferred in July 1994, relating to the offences which were the subject of the present proceedings.
The DPP had directed a trial on indictment in October 1994, but the charges were struck out in January 1995, because of failure to produce a Book of Evidence.
In April 1996, gardai were informed by the Chief State Solicitor's office that Mr Donovan should be recharged over the incidents referred to but under different charges. Mr Donovan was charged in accordance with those instructions in May 1996.
Mr Donovan was returned for trial in December 1996, and, in March 1997, a trial date was fixed for October 22nd, 1997. Earlier in October 1997, Mr Donovan was given leave to institute an action seeking an order prohibiting that trial on grounds of delay. He said there was no credible explanation for the delay.
Ms Adrienne Egan, for the DPP, said Mr Donovan's application for the order of prohibition was not brought within the three-month limit.
She said the DPP denied there has been the alleged or any delay in the prosecution of Mr Donovan. Mr Donovan had not been denied constitutional justice or fair procedures.
She said Mr Donovan was aware of the investigation against him some six weeks after the date of the first alleged offence and was in a position to assemble any evidence relevant to his defence. Mr Donovan had not established that his defence had been prejudiced.
Counsel also argued that the investigation and prosecution of the alleged offences was a lengthy and complex one.
Ms Justice Carroll reserved judgment. ]