File “not complete” in double murder probe

David Hurley

Reporter:

David Hurley

A JUDGE has expressed concerns over the delay in completing the book of evidence in the case of two cousins who are each accused of murdering two people in Southill earlier this year.

A JUDGE has expressed concerns over the delay in completing the book of evidence in the case of two cousins who are each accused of murdering two people in Southill earlier this year.

A JUDGE has expressed concerns over the delay in completing the book of evidence in the case of two cousins who are each accused of murdering two people in Southill earlier this year.

Breda Waters, 28, and Des Kelly, 24, were shot at a terraced house at Castle Oaks View, O’Malley Park in the early hours of January 9 last.

Thomas Stewart, 27, of The Cedars, Briarfield, Castletroy and Patrick O’Brien, 31, of Glanntan, Golf Links Road, Castletroy are each accused of murdering Ms Waters and Mr Kelly.

When the defendants appeared in court this Wednesday morning Insp Seamus Nolan, Henry Street, said the garda file has not been completed and he applied for a four week adjournment of the case.

Insp Nolan said it is also possible that further charges may be brought in the case given the nature of the offence.

However, lawyers representing each of the defendants opposed the application for such a lengthy adjournment and they questioned the delay.

Solicitor Sarah Ryan, representing Patrick O’Brien, said she understood that time had previously been “marked running” in the case and solicitor Darach McCarthy, representing Thomas Stewart, said the court had previously been told that the garda file was nearing completion.

Noting the concerns of Ms Ryan and McCarthy, Judge Tom O’Donnell also expressed concerns about the delay in forwarding the file to the Director of Public Prosecutions.

He added that he can only deal with the charges which are currently before the court.

After being informed that neither of the defendants would consent to a four week adjournment, the judge remanded them in custody to appear before the same court again via video link on April 13 next.

The judge indicated that of the book of evidence is not complete on that date he will give the state a final weeks before he strikes out the case