The High Court has quashed a district court judge's order dismissing assault charges against a Co Roscommon man. However, Mr Justice Butler refused the DPP's application to return the matter to Castlerea District Court.
The judge yesterday said he would not remit the matter because it would not be in the interests of justice.
He said no fault had been alleged to lie with either the man charged with assault, Mr Oliver O'Regan, or his solicitors for the district judge's handling of the matter, and more than four years had elapsed since the alleged incident.
He was delivering reserved judgment on an application by the DPP to quash a decision of Judge Bernard Brennan, now retired, made in Castlerea District Court on January 15th, 1999, dismissing charges against Mr O'Regan, Knockrow, Castlerea, of assaulting three men outside a nightclub on October 26th, 1997.
Mr O'Regan was originally charged with the offences in early 1998 but the summonses were struck out on May 15th, 1998, after his solicitor objected to their further adjournment. In September 1998 a second set of summonses were issued for the same alleged offences.
On January 28th,1999, the DPP directed that no further action be taken against Mr O'Regan. However, in May 1998, the summonses and their dismissal was raised in the Dáil. A Garda investigation was initiated.
The DPP took judicial review proceedings to have Judge Brennan's order quashed and the case returned to the district court so it might proceed "in accordance with law".