STATE'S DELAY: charges against Brian McFadden struck out

Speeding and other driving offence charges against former Westlife singer Brian McFadden have been struck out because of the State's delay in bringing the case against him. Judge Patrick Brady said the defendant was entitled to be tried "reasonably expeditiously" and the State had caused a delay of more than two years in bringing the case to trial, which could not be "foisted" on Mr McFadden.

The pop singer was charged with speeding, careless driving and driving without reasonable consideration at Rowan's Big, Balbriggan, Co Dublin, on September 23rd, 2002.

Mr McFadden appeared yesterday to contest the charges at Balbriggan District Court. The case had been adjourned on four previous occasions.

Judge Brady asked Mr McFadden's barrister Kieran Kelly why it had taken so long for the case to be brought to court. It had taken six months from the date of the charge for the gardaí to serve a summons on Mr McFadden. An original hearing date of March 4th, 2004, had been set, but the case was adjourned because the only witness, Siobhán Cronan, was pregnant and could not attend, Mr Kelly said.

The case next came before the court on October 28th, 2004, but was adjourned again because the prosecuting Garda John Prunty had injured his hand and could not attend. A new date of April 15th, 2005, was set, however Mr McFadden was unable to attend. "We had a difficulty with that date as Mr McFadden was touring. It was indicated to the court on the previous occasion that he wouldn't be available," Mr Kelly said.

The case was last adjourned in September on the application of the defence. Mr Kelly conceded that the defence had been responsible for the delays since April, but said: "The delays of the previous 2½ years were not a result of any action on my part."

It had taken more than three years for the case to be heard, but Judge Brady said he calculated the net delay on behalf of the State as 25 months less one week.