A man charged in connection with the armed robbery of a publican, Mr Charlie Chawke, remained in custody last night following a day in which he was released due to a flaw in a legal document, but then rearrested, recharged and reincarcerated.
Mr Frank Ward (51), of Knockmore Avenue, Tallaght, Dublin, had been charged last year along with Mr Larry Cummins (54), Summerhill Parade, Dublin, with stealing €52,000 from Mr Chawke in the car-park of the Goat Grill Pub, Goatstown, on October 6th, 2003. Mr Chawke, the owner of the Goat Grill, sustained serious leg injuries after being shot during the robbery. The pair also faced firearms charges.
Both have been in custody for nearly a year awaiting trial on these charges and were due before the Circuit Criminal Court next Monday for the hearing.
However, a few days ago the DPP wrote to their lawyers saying an application would be made in advance of next Monday seeking to vacate the trial date "due to an error in the return for trial".
The case came before Judge Desmond Hogan in the Circuit Court yesterday where a nolle prosequi (discontinuance of the prosecution) was entered by the State. Mr Ward was freed, while Mr Cummins remained in custody on other matters.
Mr Ward was immediately rearrested outside the courthouse and brought before Dublin District Court where his lawyer challenged the legality of the Garda move. Mr Sean Gillane said that what had happened was nothing more than a device by the DPP to overcome the problems he had run into, and it was an insult to the processes of the courts.
The court heard that the flaw in the documents returning the men for trial to the Circuit Court related to an error concerning the firearms charges, scheduled offences which can be tried in the ordinary courts or the Special Criminal Court.
As a result, Mr Gillane said, his client would be faced with another nine months in custody awaiting trial because there was little or no prospect of getting it listed soon. It was almost a year to the day since he had been arrested for the alleged offences and he had been in custody since.
Mr Patrick McCarthy SC, for the State, said the DPP had acted as soon as possible in writing to the defendant's solicitor once the problem was discovered. In discharging Mr Ward yesterday morning, Judge Hogan had made no finding which could have diminished Mr Ward's rights.
After listening to objections to bail from gardaí in an in camera hearing, Judge McDonnell refused to grant bail and remanded him in custody to appear in Cloverhill District Court next Tuesday.