A case against a Limerick man accused of murder was struck out by a judge yesterday before he was rearrested by gardaí moments later.
Derek McNamara (38), St Ita's Street, St Mary's Park, was appearing before Limerick District Court charged with the murder of Martin O'Donoghue.
The father of four was stabbed to death following a row outside a pub on Broad Street, Limerick, on August 9th, 2004. Limerick State Solicitor, Michael Murray, told Judge Tom O'Donnell that the book of evidence could not be served yesterday because of an "administrative" error.
This was due to the extraordinary volume of work before his office in the last six months.
He said the inability to meet the deadline marked the "gravest failure" on the part of his office but added that his staff had always strived to meet their deadlines.
He accepted that an "early warning" given by Judge O'Donnell at a court hearing in December that the book of evidence should be served yesterday did not "filter down" to his office.
Mr Murray, who pointed out that there were 14 volumes of files in the murder case and the first file alone ran to some 159 pages, asked Judge O'Donnell to grant a two-week extension to the deadline. Opposing the application, solicitor for the accused, John Devane, told the court his client's bail had been opposed by gardaí in the High Court and he had been unable to spend Christmas with his seven children.
He said the court had been assured by gardaí at earlier sittings that the book of evidence would be served yesterday and his client would get an expeditious trial.
Judge O'Donnell said he accepted that there had been a substantial increase in the workload of the State Solicitor's office arising from books of evidence.However, he was obliged to examine each case individually and Mr McNamara was entitled to the presumption of innocence.
After taking everything into consideration it was with "a heavy heart" that he was going to strike out the murder charge.
As Mr McNamara left the courtroom he was followed by detectives and rearrested moments later on the steps of the courthouse. He was brought back before the court a short time later where he was recharged with the murder of Mr O'Donoghue.
Det Sgt Eamon O'Neill, who gave evidence of arrest, charge and caution, said he would personally inform the State Solicitor's office of the development. Judge O'Donnell remanded the accused in custody to January 11th and urged that the book of evidence should be served as soon as possible.
The murder victim, Mr O'Donoghue, was a cousin of murdered nightclub security man, Brian Fitzgerald, who was shot dead outside his Limerick home in 2002.