Attempt to have drink-driving charge struck out unsuccessful
AN EFFORT to have a charge of drunken driving against a Piercestown man dismissed was unsuccessful before Wexford District Court.
Toddy Hayes (46), of 7 Rathlannan Drive, Piercestown, is charged with drunken driving at Piercestown on June 24, 2008.
The case was due to be heard last week, but Inspector Pat McDonald informed Judge Donnchadh O Buachalla that they were not in a position to proceed as the prosecuting Garda was 'out of the country'.
Inspector McDonald applied for an adjournment, but this was contested by Tim Cummings, representing Hayes.
Mr Cummings sought to have the charge struck out and informed Judge O Buachalla that his client had been in court to meet the case on two occasions already. The first adjournment had been due to the volume of court business that day.
However, Mr Cummings reckoned the Gardaí should not be given an adjournment due to one of its number being out of the country, pointing out that the State had 'four months to assemble its witnesses'.
'He's an essential witness,' said Inspector McDonald, who informed the judge the Garda would be back in a matter of days.
Judge O Buachalla noted that it was 'a serious charge' and granted the adjournment. The case is now due to be heard on May 17 and the matter was marked peremptory by the judge so if the State can not proceed with it on that date it is likely be struck out.