Judge forgives absence of garda witness as 'one of greatest statesmen of our time' needs protecting
A judge has refused to dismiss a minor road traffic case because the key Garda witness has been seconded as part of the security detail for the visit of US President Donald Trump.
In what may have been a light hearted moment Judge James McNulty, hearing the case in Clonakilty District Court, said: “This is exceptional — we have one of the greatest statesmen of our time visiting our shores at this time. That necessitates protecting him and that necessitates the key witness not being here.”
Solicitor for the man, Pat Horan, said his client was being prejudiced by any delay in the case being heard as he cannot get insurance on his vehicle in his own right. But Judge McNulty said the matter had not been delayed, it having first come before the court on February 9, and a “not guilty” plea being entered on March 19.
“On March 19 the visit of the president of the United States was not known to anyone,” Judge McNulty said.
If the shoe was on the other foot, you would want to get the adjournment.
He said he regretted the inconvenience, but said the garda had been seconded for duty elsewhere. He proposed the case be adjourned until June 14, only to be told the Garda member will have just got married at that stage and would not be available.
Yesterday’s date had been selected so the defendant could sit exams in May, so it was finally decided the case will be heard in Skibbereen District Court next Tuesday.
Meanwhile, at Cork District Court, a man accused of burglary was not inclined to accept that he should have his trial delayed because the prosecuting guard was absent from court due to Mr Trump’s visit.
“I don’t see why it shouldn’t be thrown out,” Brendan Colohan said at Cork District Court.
Colohan of Apartment 2, 10 Frankfield Terrace, Douglas, Cork, was charged with burglary at Cathedral Street, Cork, back in August 21, 2017, and the case was listed for trial yesterday. Inspector James Hallahan said that due to the visit of Mr Trump, the prosecuting guard had to be put on another duty and was not available to come to court.
