Shortage of judges causes delay of almost three years in murder trial

The family of a man killed in a violent attack in Cork have criticised the Department of Justice over a delay of nearly three…

The family of a man killed in a violent attack in Cork have criticised the Department of Justice over a delay of nearly three years in bringing two men charged with his murder to trial.

Mr Thomas Harte, of Allens Square, Ballymacthomas, Cork, was found dead with head injuries in a derelict house in Leitrim Street in Cork city on May 20th, 1997. He was aged 40.

Gardai later arrested and charged Mr William Carroll (50), of no fixed abode, and his nephew, Mr Patrick Carroll (19), from Churchfield Square, Cork with murder. But Mr Harte's family have now been told it will be January 2000 at the earliest before the trial can go ahead because of a shortage of judges at the Central Criminal Court.

Yesterday Mr Harte's sister, Ms Emily Hurley, spoke of the family's anger at the delay, saying it was like another insult to their dead brother's memory. "It's as if Thomas's death somehow isn't important enough for them," she said. "It's obscene."

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A brother, Mr Harry Harte, said: "We had been told the case could take two years, but to face into our third Christmas without a trial is just too much. We can't see why the trial can't be fitted in some time in the next nine months. Surely they could find some date."

According to another sister, Ms Paula Harrington, the delay is also causing great distress to her elderly mother, Ms Anne Harte (72), who was especially close to Thomas, the eldest of her six children.

"Thomas lived at home with my mother," she said. "He used to go out to the shop for her for sweets and videos. The two of them used to watch videos together. They were very close and the delay is only adding to her torment."

Mr Harte's brother, Richard, said the family had been preparing for the trial to open this month in Dublin and some family members had booked leave from work to attend. "We had been told it would be held in March. To be honest we were all stressed over it, but we wanted it to go ahead. It's been hanging over us for two years now and we want it go ahead so we can try and get on with our lives."

The family emphasise they do not hold gardai responsible for the delay, but the judicial system.

"The gardai have done everything they can to get the case into court as quickly as possible. They've kept us informed of everything. We couldn't ask any more of them. They've been excellent," Mr Harry Harte said.