More court stories in brief.
High Court to rule in drink drive case
A District Court judge is to ask the High Court to rule on whether gardaí have the right to open the car door of a motorist who they suspect has been drinking and driving, without the motorist's permission.
Judge Con O'Leary yesterday agreed to an application by Cork solicitor Joe Cuddigan to seek a consultative case in the case of Sheila O'Sullivan, Palmbury Orchard, Togher, who was summonsed by gardaí for a drink driving-related offence.
Cork District Court was told by Garda Frances Murphy that she had opened the door of Ms O'Sullivan's car without her permission in the driveway of her house after she had followed Ms O'Sullivan home on January 8th, 2005.
The issue of whether Garda Murphy had the legal right to open the car door has been debated at length by Mr Cuddigan and State solicitor for Cork city Barry Galvin before Judge O'Leary at a number of hearings over the past six months.
Yesterday, Judge O'Leary said that he was seeking a consultative case stated on the matter.
Woman says car was confiscated
A woman told Dublin Circuit Criminal Court that a car given to her partner at a Garda compound when his own could not be found was later confiscated by AIB Finance Ltd.
Yvonne Murphy said before it was confiscated she and her partner, Tajmal Hussein, were told the car he was given at Store Street Garda station compound was still the property of a bank.
John (aka Ben) Mulvihill (54), a retired Garda sergeant, of Cherryvalley, Rathmoylan, Co Meath, has pleaded not guilty to stealing a Mitsubishi Colt car between May 12th and June 30th, 2002 and a Ford Transit van between December 2nd, 2002, and February 28th, 2003, at Store Street. Both vehicles were being held in the compound there and were valued at €2,500 and €11,500 respectively. He also denies forging documents.
The trial continues.
Four face new sex assault charges
Four men previously accused of unlawful carnal knowledge until the recent Supreme Court ruling on the unconstitutionality of legislation have appeared in court in relation to new charges of sexual assault.
Counsel for the men, who cannot be identified, applied for adjournments in the cases to next month, at Dublin Circuit Criminal Court, to allow their clients have a further consultation with senior counsel.
One of the men failed to appear at court and Judge Katherine Delahunt allowed an adjournment of his case to next week when it was indicated that the Director of Public Prosecutions was not seeking a bench warrant.
Jury in rape trial discharged
The jury in the trial at the Central Criminal Court of a Co Mayo teenager accused of violently raping and imprisoning a 16-year-old girl on May 3rd, 2004, has failed to reach a verdict.
Mr Justice Kevin O'Higgins discharged the jury after it failed to reach a verdict on any of the charges before it following over eight hours of deliberations.