The District Court has ruled that the prosecution of a 51-year-old Dublin man charged in connection with an assault and robbery on publican Charlie Chawke last October can proceed.
The trial of Frank Ward of Knockroe Avenue, Tallaght, and co-accused Larry Cummins of Summerhill Parade, Dublin, was due to start next week in the Dublin Circuit Criminal Court.
But it was thrown into doubt earlier today when the DPP indicated he was not proceeding with the five charges on the indictment and entered a nolle prosequi. The judge then freed the two men.
However, both were immediately re-arrested. When Mr Ward was brought before the District Court to be charged again with the offence of assault causing harm to Mr Chawke, his legal team objected and accused the DPP of abusing the court process.
Mr Sean Gillane, who was representing Mr Ward, said that what was done today by the DPP was colourable in the extreme.
The DPP had sought the nolle prosequi because of what was called a flaw in the return for trial. This related to authorisation for firearms offences to be tried in the Circuit Criminal Court.
Mr Ward has spent the past year in custody awaiting trial, which was due to start next Monday. The trial may not now go ahead before next year.
However, District Judge John Paul McDonnell has said he will hear a bail application.
