This article is from page 33 of the 2009-12-22 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 33 JPG
A JUDGE has been asked to excuse himself from hearing a court case, af- ter a solicitor claimed that reference was made to a defendant’s record, prior to the hearing of the case.
At Kilrush District Court on Wednesday, solicitor Eugene O’ Kelly represented a man who was charged with a public order offence.
The case had been in court original- ly in September and was adjourned on that occasion.
On Wednesday, Mr O’Kelly said to Judge Joseph Mangan, “I’d ask that you excuse yourself from hear- ing this case. I believe the State has fatally prejudiced your views on the case.”
He said that in court in September, Judge Mangan asked the State was the accused in jeopardy. The solici- tor said the judge was told that the accused was “well-recorded”’ on the Pulse system as a suspected offender for various crimes such as burglary and criminal damage.
He said this was before a hearing of the case and asked that the case be heard by a different judge who would “not be contaminated by that sort of information.”
However, Superintendent Michael Comyns, prosecuting, said he was “100 per cent” sure he did not say what had been alleged by the so- licitor. Judge Mangan adjourned the case for hearing at a special sitting of Ennis District Court next month.