A man charged with the murder of a woman in north Co Cork should be given some indication by the State as to when the Director of Public Prosecutions (DPP) is likely to give directions in the case, a judge has said.
Judge Colm Roberts said he appreciated the Garda investigation into the murder of Paula Canty was continuing but the State should endeavour to give Joseph Butler (42) “some kind of time frame” at his next court appearance as to when to expect directions.
Mr Butler, a native of Midleton, Co Cork, is charged with murdering Ms Canty (31), a mother of two originally from Kinsale, at his flat at the Belfry, Bridewell Lane, Mallow, on January 3rd.
Sgt Majella O’Sullivan applied at Mallow District Court on Tuesday to have Mr Butler’s date of birth corrected on the charge sheet. Judge Roberts granted the application.
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Sgt O’Sullivan then applied for a two-week remand in custody and solicitor David O’Meara, standing in for Mr Butler’s solicitor, Joseph Cuddigan, said his client was consenting. Judge Roberts remanded the accused in custody to appear again on January 28th.
At Mr Butler’s first appearance on the charge at Midelton District Court last Thursday, Mr Cuddigan took issue with the evidence of arresting officer Det Sgt Micheal O’Regan, who said Mr Butler made no reply to the charge after caution.
Mr Cuddigan said that his client contended that he did reply to the charge, and that he answered “not guilty” when the charge was put to him following his arrest and charging at 3.31am on January 2nd at Bowling Green in Mallow.
Det Sgt O’Regan said he had taken a contemporaneous note of “no reply”, and wrote it on the charge sheet at the time. He said he returned to his office after he charged Mr Butler, but when he came out of his office the accused man told him, “Micheal, I’m not f***ing guilty”.
Mr Cuddigan said his client would be contesting the case, and he asked Det Sgt O’Regan if the book of evidence would be prepared within the 42-day period required under legislation. Det Sgt O’Regan said gardaí would do their best to have it ready.
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