A Tubberclair man who was summonsed by mistake had the rare privilege of seeing the prosecution hold its hands up in court last Tuesday and admit “it was an error by the State”.
The court heard Mr Kenneth Dougan (28 ) was stopped at a Garda checkpoint last February 28 and was given 10 days to produce his documents.
This he subsequently did to Garda Harrison at Athlone Garda station who, when sure all the documents were in order, told Mr Dougan that he “didn’t have to turn up (to court )”, his solicitor Lorna Groarke told the court.
However with “charges belonging to somebody else”, a bench warrant was issued for the arrest of Mr Dougan last month.
“My client had a pristine record on September 15 and he didn’t have on the 16,” said Ms Groarke. “The guards called to my client’s house.”
After admitting the mistake on behalf of the State, Inspector Alan Murray explained to the court that the warrant for Mr Dougan “was not issued by mistake but by a misunderstanding”.
Judge William Earley ordered that all the charges relating to Mr Dougan be marked as dismissed and struck out.
Ms Groarke, however, wanted more and pointed out that despite this order from the court, her client would still have the fact that a bench warrant was issued against him noted on the PULSE police computer system.
Judge Earley accepted this and instructed the Inspector to ensure the records were amended.
“Make a direction now that this bench warrant was issued by misinformation,” said the judge.
“I’m grateful, judge,” said Ms Groarke.
Noting the time and effort Mr Dougan had expended throughout this issue, Judge Earley concluded with: “In the circumstances, Mr Dougan qualifies for legal aid”.
