Two unrelated cases were dismissed in Falcarragh District Court because they should have been called to other district courts.
The first was case involved Jan Gora (59) of 5 Beech Lane, Strand Road, Bunbeg. Mr Gora was due to face charges regarding a number of motoring offences which allegedly occurred on June 8, 2015 at Stranacorka, Derrybeg.
Solicitor for the defence Kieran Dillon told Wednesday's sitting that under district court rules, a case could only be brought to a given district court under certain conditions. Either the offence or the arrest had to occur within the district court area, or the defendant had to reside in the area.
Mr Dillon pointed out that in Mr Gora’s case, the incident occurred in Derrybeg and the defendant was resident in Bunbeg. He asked Garda Martin Gallagher from Falcarragh Garda Station who was present in court to clarify the boundary between Dungloe and Falcarragh District Court areas. Garda Gallagher said the boundary was between An Chúirt Hotel and Dunlewey. The incidents therefore should have been called to Dungloe District Court.
Judge Paul Kelly said he had no choice but to strike out the case.
The second case involved Roger Fox (51) of Mullyera, Tydavnet, Monaghan. Mr Fox was before Falcarragh District Court in relation to a charge of allegedly exceeding the legal alcohol limit on June 22, 2104 at Illistrin, Letterkenny.
Solicitor for the defence Frank Dorrian referred to the same district court rule raised by Mr Dillon earlier. He pointed out that the offence had occurred in the Letterkenny District Court area as had the arrest and that the defendant resided in Monaghan.
Judge Kelly said he would strike out the case. Mr Dorrian put forward an application that the case be dismissed rather than struck out. This was on the basis that a witness had been sworn in and the trial was therefore live when the issue came to light. Judge Kelly accepted the application and agreed to dismiss the case.
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