Gardaí investigating the killing of Robert Holohan will have to bring an official from the DPP's office or a senior officer in charge of the investigation to court if they seek a further extension for service of the book of evidence.
Judge Michael Pattwell yesterday granted gardaí a further extension of time for service of the book of evidence against Wayne O'Donoghue (20), a student, who is charged with the manslaughter of Robert Holohan at Ballyedmond Hill, Midleton, on January 4th, 2005.
However, Judge Pattwell said he would require somebody from the DPP's office to attend court next Thursday to explain the delay in preparing the book of evidence if gardaí are not able to serve it on Mr O'Donoghue and seek a further extension.
He made his comments during Mr O'Donoghue's seventh appearance in court after Supt Liam Hayes told him he was seeking a further extension of time as the book of evidence was not yet ready, and the DPP needed a full file to make an informed decision.
Supt Hayes said gardaí had sent a skeleton file to the DPP, and it was on the basis of that file that the DPP had directed that Mr O'Donoghue be charged with manslaughter. Gardaí were awaiting a forensic report for inclusion in the file.
"The DPP directed a charge on the evidence before him - there is other evidence which he has yet to receive with regard to further charges or whatever - I am not indicating that there will be further charges," said Supt Hayes.
Judge Pattwell said it was not his job to hold people in custody for further charges, and it would be wrong and illegal of him to take into account what Supt Hayes was saying about new evidence. "Any other charge, whether real or imaginary, is no concern of this court."
Mr O'Donoghue's solicitor, Frank Buttimer, said his client was not seeking to prejudice the State's case but he was anxious to know what exactly was causing the delay as the matter had received huge Garda and forensic attention more than three months ago.
Judge Pattwell said he accepted that in a case of this magnitude the 42-day limit for service of the book of evidence was not achievable given the depth of the investigation.
Mr Buttimer said his client was not seeking bail at this juncture, but asked if the matter was likely to be ready by next week.
Supt Hayes said he expected the file to be finalised next week, and Judge Pattwell remanded Mr O'Donoghue in continuing custody to appear next Thursday.
At an earlier remand, Judge Pattwell heard that 1,983 lines of inquiry had been pursued, 1,351 statements were taken and 1,022 witnesses were interviewed by gardaí in preparing the case.
