By Andrew Carey
A DRIVER accused of being drunk in charge of a car had the charge dismissed because the Garda involved in the case was not present in court.
Judge Eugene O’Kelly heard that 22-year-old Kerry native, Cathal O’Sullivan travelled from Liverpool where he now lives and works to contest the case.
The former University of Limerick student was stopped by Gardaí at Milford Grange in Castletroy during Rag Week last March.
It was garda contention that Mr O’Sullivan had been blowing on his horn for a prolonged period and thus came to the attention of the officers on mobile patrol.
However, last week when the case was called, Judge O’Kelly was told the custody garda linked to the case had been injured at work last August and was unable to attend court.
Defence solicitor John Herbert said that he spoke to the prosecuting garda a number of weeks ago but no mention of any difficulty on the State’s side had been indicated.
Judge O’Kelly said that if the defendant had not turned up in court, a warrant for his arrest would be issued. As the State did not notify the defence in time, it was “not acceptable” that the defendant was put to the expense of travelling back for the hearing when the State was unable to advance the case.
He added that he would strike out the case “for want of prosecution”.
