A man accused of shooting a Dublin publican during a robbery has been given leave by the High Court to seek orders restraining the DPP from taking any further steps in prosecuting him. Mary Carolan reports.
Mr Michael O'Higgins SC, for Mr Frank Ward, argued yesterday that because the DPP had a problem with part of his case against him, the entire trial, set for last month, was postponed.
Mr Ward, who has already spent one year in custody, would now spend a second year awaiting trial. This breached his constitutional rights, including his right to a speedy trial.
Mr Ward (51), Knockmore Avenue, Tallaght, and Mr Larry Cummins (54), Summerhill Parade, Dublin, are awaiting trial on a number of charges arising from the robbery of €52,000 from publican Mr Charlie Chawke in the car-park of the Goat Grill, Goatstown, on October 6th, 2003.
Mr O'Higgins secured leave from Mr Justice McKechnie to seek orders against the DPP arising from events last October when Mr Ward was released, rearrested, recharged and returned to custody. He would seek to prevent the DPP from seeking to prosecute his client further on three firearms charges and two charges of causing Mr Chawke serious harm and committing a robbery.
He was contending there was abuse of the legal process by the DPP in the matter and as a result, Mr Ward's constitutional rights had been infringed.
Mr Ward and Mr Cummins were arrested on October 6th, 2003, and charged with a number of offences arising from the robbery of Mr Chawke that day. He was returned for trial on December 3rd, 2003, and a trial date was fixed for last October 11th.
On October 1st this year, Mr Ward's solicitors got a letter from the Chief Prosecution Solicitor stating the DPP believed the return for trial was flawed. A further letter said an adjournment of the trial was to be sought.
Mr O'Higgins said the flaw related to the fact that the return for trial contained no stamp from the DPP consenting to the three firearms offences, which were scheduled offences, being tried before an ordinary court and not, as would be the case with scheduled offences, before the non-jury Special Criminal Court.
On October 5th, 2004, when the matter was mentioned before Circuit Court Judge Desmond Hogan, he was told the DPP was entering a nolle prosequi on all counts against Mr Ward.
His counsel asked the court to note the nolle prosequi was being entered in circumstances where the State had failed to serve an indictment and had also failed to lodge an indictment in the Dublin Circuit Criminal Court.
Mr Ward was discharged but was rearrested at the courtroom door and recharged on all counts. He was refused bail.
Mr O'Higgins said the DPP could have proceeded on the substantive charges of causing serious harm to Mr Chawke and committing robbery but had chosen to restart the entire proceedings and put everything back.
Mr Justice McKechnie returned the matter for mention in the judicial review list of November 30th.