The case against a man accused of stealing a Toyota Proace worth €13,000 has been dismissed due to delays at the Director of Public Prosecutions’ office.
Vincent Doherty, 64, of The Rock, Churchill, Letterkenny is charged with allegedly stealing the vehicle, property of Declan Breslin, at Garvenagh, Ballintra on June 2, 2023.
The offence is contrary to Section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001.
At Donegal District Court on Wednesday, October 2, Solicitor James Canny pointed out that this was the third time that the matter had been listed for DPP directions, and no directions were available.
The DPP had previously directed summary disposal, meaning that the matter could be heard in the district court at the discretion of the judge. However, the judge had refused jurisdiction, meaning the matter would not be heard in the district court and was returned to the DPP for new directions.
“I am looking to have the matter struck out,” said Mr Canny. “They have had plenty of time to get directions. Three chances, three strikes.”
Judge Sandra Murphy agreed that the delay seemed unduly long.
“It is just to consent to a book of evidence,” she said. “I don’t know why they are dragging their heels.”
Inspector Angela Cummins acknowledged the delay, saying it may have been in relation to one of the statements.
Mr Canny said: “The judge of this court refused jurisdiction. The Director simply has to make up her mind if it goes to the circuit court or not. It is just a phone call.”
Judge Murphy said that in the circumstances, she was going to strike the matter out.
Inspector Cummins asked: “Can we seek liberty to re-enter?”
The judge replied: “It is up to the State now. You have to go back to the DPP.”