Judge Elizabeth MacGrath: dismissed case because of undue delay
A man charged with having cannabis in 2012 had his case struck out at Nenagh Court because of undue delay in bringing the matter to court.
Cliff Moloney of Tyone, Nenagh, had been charged in relation to having €200 worth of cannabis at St John’s Place, Nenagh, on March 28, 2013, and at Ballalley Lane, Nenagh, on December 5, 2012.
His solicitor, Pat Liston, argued that the matters should be struck out due to the length of time it had taken for it to come to court.
The court heard that Mr Moloney had gone to Australia in 2013 but had returned in 2015.
The case was re-entered in 2019 when it came to the attention of the garda, who had been transferred to another district, that Mr Moloney was back in Ireland.
The court was told that the gardaí had been unable to contact Mr Moloney since his return from Australia.
Mr Moloney told the court that he was available for the gardaí to contact him at any stage since his return and he had even delivered milk to the station as part of his employment.
Judge Elizabeth MacGrath ruled that there had been a delay in bringing the case and struck out the charges.
Mr Moloney was fined €150 for travelling at 140km/h in a 120km/h on the M7 at Lackanavea, Birdhill, on September 20, 2019.
Mr Liston said that the fixed penalty notice had arrived at Mr Moloney’s home address but that his parents forgot to give it to him.
Subscribe or register today to discover more from DonegalLive.ie
Buy the e-paper of the Donegal Democrat, Donegal People's Press, Donegal Post and Inish Times here for instant access to Donegal's premier news titles.
Keep up with the latest news from Donegal with our daily newsletter featuring the most important stories of the day delivered to your inbox every evening at 5pm.