Kildare judge puzzled by ‘unusual charge’ brought against man

A sitting Naas District Court judge appeared puzzled by the appearance of an 'unusual charge' brought against a man who appeared before him via video-link.

Judge Desmond Zaidan expressed his confusion in the case of Alan Fagan, with an address listed as 6 Curragh View in Brownstown, The Curragh, but who is remanded in custody for separate offences.

The court was told that the 31-year-old defendant stood accused of attempting to steal property from a motor vehicle located at The Glen, College Farm in Newbridge on May 18, 2023.

When he was presented with the details of the allegations, Judge Zaidan admitted that he was confused, because the charge was listed as 'being contrary to common law.'

"It's an unusual charge," he added: "I'm not sure if this brings him (Mr Fagan) out of his right to elect (for the District or the Circuit Court)."

The judge asked Garda Sergeant Mary Meade to check this charge with the Director of Public Prosecutions, and she said that she would.

It was also heard that disclosure was not yet given to the defence by the prosecuting garda.

Defending solicitor Matthew Byrne applied for a strike-out in the case, but gardaí opposed this.

CRITICISM

The judge was not impressed by the lack of disclosure, and told Sgt Meade: "The prosecuting garda should have at least had the courtesy to tell your office about why there is no disclosure.

"There a lot of cases where you guys (the court gardaí) are being left on your own... it's not fair to the court, and it's not fair to the defendant.

"You also have to look at it from Mr Byrne's point of view as well, because this could make Mr Fagan call Mr Byrne, and he (Mr Fagan) could say 'I want to change solicitors' over this.'"

Mr Byrne also brought up that even if the case was struck out, the State could always bring back the charge at a later date.

"Yes, but that decision would come back to me," the judge replied.

Judge Zaidan adjourned the case to December 7, to allow time for the State to provide disclosure to Mr Byrne.

He also marked the case peremptory against the State.

The judge also asked Mr Byrne to look further into the charge against his client.