This article is from page 6 of the 2006-04-18 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 6 JPG
A DISTRICT Court judge has expressed amazement at the failure to ensure that witnesses for the prosecution against a garda were available when the case was fixed for hearing.
Judge Joseph Mangan turned down an application by the State to have the case against a Shannon-based garda adjourned because three witnesses, including the main witness, would be unavailable to attend.
Inspector Tom Kennedy had sought an adjournment in the case of Garda Pat Keating, of Woodlands, Cahercalla, Ennis, who faces one charge under the Public Order Act arising out of an incident at the Shannon Knights carpark, Tullyvarraga, Shannon, on March 13, 2004.
Inspector Kennedy told Judge Joseph Mangan that three of the State’s 12 witnesses would be unavailable to attend court for the case which was fixed for hearing on this Thursday (April 20).
Inspector Kennedy said the main witness, Ms Eavan Drysdale, would be out of the country on that date and that the trip had been arranged before the hearing date was set. Garda Keating was recently acquitted in the Circuit Court of threatening Ms Drysdale.
The Inspector said that two others would also be unavailable and that one of those would be sitting exams.
The Judge asked whether the State had ascertained what dates witnesses would not be available prior to a day for the hearing being set.
When told that the State had not done so, Judge Mangan replied, “That amazes me.”
Judge Mangan said that the State should have known whether its witnesses would be available on the day a date for the hearing was confirmed. He asked that Ms Drysdale appear before him in the afternoon to clarify the position in relation to her availability.
When the mother of two appeared in court later in the day, she told Judge Mangan that she had been asked by her employer to travel to Sweden on a business trip and that this had been confirmed two weeks ago.
Solicitor Daragh Hassett, acting as agent for Garda Keating’s solicitor, objected to the adjournment.
“Mr Keating already has his council booked to travel from Dublin for the hearing.
“He has made numerous attempts to have this summary matter dealt with as soon as possible.”
Mr Hassett added, “Mr Keating is on desk duty until this matter is disposed of and cannot return to active duty then. He is also suffering a loss of income as a result.”