Solicitor queries long delay in bringing case to court
Judge Vincent Deane sought submissions from both sides.
The solicitor of a Monaghan man who is accused of committing a driving offence on Achill Island almost six years ago has said the delay in bring the case to court is a “flagrant breach” of his client's constitutional rights.
Mark Hammil, Corrateean, Broomfield, Castleblaney, Co Monaghan, appeared before Achill District Court charged with careless driving at Dookinella, Achill Island, on July 31, 2020.
Sgt John Reilly said Hammil is accused of “clipping” two cyclists with his van while travelling towards Achill Sound from Keel.
Mr Hammil’s solicitor Gareth Bourke told Judge Vincent Deane that the date of the alleged offence was some 2,113 days prior to the court sitting last Thursday. His client first received a summons with a return date of September 9, 2021, but that court did not go ahead because of the Covid-19 pandemic. Mr Bourke said there was then an “extraordinary delay” of four and a half years and his client did not receive his next summons until last March.
The solicitor noted that the defendant has resided at the same address throughout this period, has not evaded justice nor the service of a summons and has not contributed to the delay in the case proceeding. Mr Bourke argued that the delay was a "flagrant breach" of Mr Hammil’s constitutional right to an expeditious trial as stated in Article 43 of Bunreacht na hÉireann.
The solicitor added that if Mr Hammil had been convicted of this alleged offence in 2021, any penalty points he might have received would have long expired and should this case now proceed and he is convicted, Mr Hammil faces a situation where he has to answer to his motor insurer regarding penalty points received for an incident that occurred almost six years ago.
Sgt Reilly said the Gardaí would require time to make submissions regarding the points made by Mr Bourke.
Judge Deane directed Mr Bourke to make submissions to the Gardaí by June 1 next and for the Gardaí to reply by June 21. He then adjourned the matter until July 9 next.
- Published as part of the Courts Reporting Scheme.
