A judge yesterday expressed concern at a seven-week delay by the Director of Public Prosecutions in deciding whether two sisters who are unable to make bail are to be dealt with on assault charges in the District Court or the Circuit Court.
Judge Jim O'Connor agreed with solicitor Mr Joe Cuddigan that seven weeks was an unfair delay on the sisters, Ms Kathleen (30) and Ms Margaret Maughan (21), of no fixed abode, who are being held in Limerick Prison to face trial on charges of assault and criminal damage.
Mr Cuddigan explained that the sisters had been granted bail by the High Court on their own bail of £500 each but had been unable to raise enough to both get out and one was unwilling to leave the other in prison.
They had received no visits since being remanded to Limerick Prison on July 4th and did not know how much longer it would be before their case would be heard as the DPP had not indicated whether it would proceed at the District Court or Circuit Court.
If the DPP opted for summary disposal in the District Court, then it would be heard in September, but if he opted for the Circuit Court, then it would be October before the next sittings and there was no guarantee that it would be heard then, said Mr Cuddigan.
"Surely the DPP with the resources available to him could tell them within seven weeks whether the case is going to the District Court or to the Circuit Court," said Mr Cuddigan as he sought to have the charges against the two sisters struck out.
They are charged with assaulting Mr Jim O'Sullivan, causing him harm, at his home at Westbury Estate, Wilton, on July 4th and with causing £80 worth of criminal damage to his home on the same date.
Insp Pat Diggin said it was alleged Mr O'Sullivan met the two sisters in Cork city and they returned to his house in Wilton. "It's alleged that certain things happened there and they assaulted him and broke up the house."
It was alleged that Mr O'Sullivan received cuts and bruises and was unconscious for a period, but there was also a counter-complaint by the two sisters against Mr O'Sullivan, Insp Diggin added.
Judge O'Connor said it seemed a bit unfair that the DPP could not give instructions on which court could deal with the matter, despite having had seven weeks to do so and he asked if anything could be done over the weekend to obtain instructions from the DPP.
Judge O'Connor said he would adjourn the matter to Monday pre-emptorily against the State, meaning that it will be struck out if the State has not obtained instructions by then from the DPP on what is to happen. Insp Diggin said he had no objection.