Judge strikes out Offaly arson charge because of DPP delay

A CHARGE of arson brought against a man was struck out at Tullamore District Court because of an 11-month delay in directions from the DPP.

In addition to allegedly damaging a house at 3 Beechmount, Clara by fire on January 14 last, Christopher Daly (26), Esker Island, Esker Meadows, Tullamore, was also accused of having a knife at Aura Leisure Centre, Tullamore on January 14.

A third charge which alleged he stole a vehicle at Tanyard Lane, Tullamore on January 11 last was also struck out.

Suzanne Dooner, BL, defending, told Judge Andrew Cody that directions from the DPP were still outstanding and the matter had been marked peremptory the last occasion it was in court. She applied for the charges to be struck out.

Sergeant James O'Sullivan sought another adjournment, saying he was still awaiting the directions.

Ms Dooner said Mr Daly was currently in custody awaiting sentence in relation to another matter and was due before the next sitting of Tullamore Circuit Court in December.

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Judge Cody queried why directions had not been forthcoming from the DPP because two of the charges were not “complicated”.

He accepted the one involving setting fire to a house was the most serious. The judge noted that adjournments had been granted on a peremptory basis twice previously against the State and said that on this occasion he was going to strike out all three charges.