A garda involved in an incident in which a 24-year-old man died has had his case adjourned at the Dublin District Court.
Garda Damien Carey is charged with having a bald tyre in Lucan on 4 March 2007.
Derek O'Toole from Clondalkin was struck by the off-duty garda's car in Lucan and died from neck and head injuries.
Today at the Dublin District Court counsel for Garda Carey made an application claiming that the charges could not stand.
He told the court that the relevant section of the 1963 regulation, under which the garda was being charged, had been revoked. He said articles 5 to 17 of the 1963 regulation had been revoked in June of 2003.
In response the prosecution solicitor applied for an adjournment to consider the matter.
He said if the relevant articles had been revoked the matter would have an impact on all such offences. He said it was a complicated legal matter which was broader than the case involving Garda Carey.
Prosecution Barrister Martin Fitzgerald said that it specifically and clearly stated that certain articles under the legislation had been revoked and he rejected the suggestion that it was a complicated legal matter.
Derek O'Toole's family was in court to observe the proceedings.
Judge Bridget Reilly adjourned the case until Thursday week.
