The trial of two Limerick men accused of murdering businessman Roy Collins five years ago has been adjourned.
Wayne Dundon, aged 36, of Lenihan Avenue, Prospect, and Nathan Killeen, aged 24, of Hyde Road, Prospect are each charged with murdering Mr Collins at the Coin Castle Amusements arcade, Roxboro on April 9, 2009.
The 35-year-old father-of-two died after he was shot a number of times while working at the premises.
Ahead of the trial, which was due to begin this morning, Michael O’Higgins SC, prosecuting,told the Special Criminal Court that a disclosure order which was previously made by the court has not been complied with.
This related to recordings of phone calls between investigating gardai and potential witnesses - some of who were in custody at the time.
“The disclosure process has been a long, complicated and complex one,” he said adding that the delay was “not due to complacency or a lack of effort” on the part of the State or gardai.
Lawyers representing the accused men sought an adjournment of the trial to facilitate the disclosure of the outstanding material.
Neither Wayne Dundon, who wore an open-neck black shirt, or Nathan Killeen, who wore a white shirt with a grey waistcoat and tie, spoke during the 20 minute hearing.
In addition to the outstanding disclosure issues, Sean Guerin SC, prosecuting, said additional material had been identified by the State as being relevant and he sought a formal court order relating to the material - the nature of which was not disclosed in open court.
After considering the matter, Ms Justice Iseult O’Malley, sitting with Judge Margaret Heneghan and Judge Anne Ryan, said the court was willing to adjourn the trial until Thursday.
However, she said the Court “would like to get the trial going” at that point.
In reply, Mr O’Higgins said he expects to open the trial on Thursday and he said it is likely that a number of “preparatory witnesses” will be called to give evidence.
However, he said it is unlikely that any “controversial evidence” will be heard before the Bank Holiday weekend.
Ms Justice O’Malley confirmed the cCurt is willing to sit on Mondays, if necessary, once the trial gets underway.
Members of Roy Collins’ family,including his parents Steve and Carmel, were present at the Special Criminal Court for today’s hearing.