Judge refuses to dismiss case of assault causing harm

A solicitor has today looked for a case of assault causing harm to be dismissed because of the length of time it is taking the DPP to prepare their case. Michael McCarthy with an address at 39 Cois Coille Killeen Tralee is charged with assault causing harm to Michael Faulkner. Michael Faulkner died in Mitchell`s Cresent during the Rose of Tralee festival last year.Solicitor for the accused Aidan judge asked the court for a two week adjournment. He said the DPP`s office was awaiting a second opinion on matters relating to the case and as such he was unable to proceed. Mr Judge brought the extensive Garda file to today`s Court and said time would be needed to prepare The Book of Evidence.Pat Mann said this case had been before the courts at least 7 times since his client was charged on September 18th, with little or no progress. He requested that the charge be formerly struck out. Judge Terence Finn denied the application. Judge Finn told The Prosecution that The Court would not be unreasonable and that it was aware of the onerous task of putting together the extensive Book of Evidence. Michael McCarthy has been remanded on bail to appear before Tralee District Court again on April 6th.

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