Judge orders arrest of missing witnesses

Judge Cyril Kelly yesterday issued bench warrants for the arrest of four witnesses who failed to appear for three separate scheduled…

Judge Cyril Kelly yesterday issued bench warrants for the arrest of four witnesses who failed to appear for three separate scheduled trials at Dublin Circuit Criminal Court.

Judge Kelly said he could not allow the criminal legal system to be disrupted. Trials had to be refixed due either to intimidation of witnesses or where people agreed between themselves to patch up their differences after first invoking the law.

'This type of situation is outrageous and is an insult to members of the jury panel who come here at their own expense to perform an important public function, and where gardai and other witnesses have been assembled and all aspects of the system prepared at public expense,' he said.

Judge Kelly issued bench warrants for the arrest of one witness each in an assault case involving members of the travelling community, and in a larceny case, and for two witnesses in another serious assault case.

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Later, he remanded one of the two witnesses in the assault case in custody overnight for breaching the court witness order to appear for the trial.

A solicitor was assigned to represent the witness, who indicated he would refuse to give evidence in the trial.

Garda Paula Rafferty told Judge Kelly she was very concerned for the welfare of both the witness she brought before the court and another in the case.

Arrangements had been made to provide Garda protection for the family homes of people involved in the case.

Judge Kelly complimented Garda Rafferty for her prompt action in apprehending the witness, but told her she painted 'a very bleak picture' regarding the situation in that case.