A DISTRICT Court judge launched a verbal attack on the Director of Public Prosecutions at Carrickmacross District Court, Co Monaghan, yesterday on an issue which arose over whether a case involving possession of an AK47 assault rifle should be heard at the District Court or at Circuit Criminal Court level.
District Judge Seán MacBride said the behaviour of the DPP in insisting the case be dealt with in the District Court was “outrageous” and he told a prosecuting Garda inspector to ask the DPP what part of the word “no” did he not understand.
The judge made his comments in the case of Pádraig Treanor (31) of Culloville, Crossmaglen, who faced a number of charges relating to the alleged possession of the AK47 assault rifle.
Last December the judge refused jurisdiction in the District Court saying this case had to be heard at Circuit Court level.
At the previous hearing, a Carrickmacross lawyer, Gerry Jones who was representing another solicitor for the defence, said he understood the gun was modified as a replica and incapable of firing but Judge MacBride said this was irrelevant.
When the case was called yesterday the judge was told by a Garda inspector that the DPP’s office was in contact with the State Solicitor for Monaghan, Barry Healy, to see if he could address the court on the issue of jurisdiction.
However, an angry Judge MacBride said he had never heard anything so outrageous in nearly 40 years practising law. It was, he said, gross interference by the DPP in the independence of the courts. “I’ve made my decision. If he doesn’t like it he can lump it, or go to a higher court,” said the judge.
“This man lectures the country . . . he should be seen and not heard,” said Judge MacBride who added he was not going to allow his court to be used to expedite cases to improve prosecution statistics.
The judge said he believed he had made the correct decision not to hear the case in the District Court. He remanded Mr Treanor on continuing bail to appear before the court on February 23rd and ordered the prosecution to have the book of evidence ready or he would strike out the case.