Judge issues warning in double murder case

Petula Martyn

Reporter:

Petula Martyn

A JUDGE has warned that the case against two cousins who are each accused of murdering two people in Southill earlier this year, will be struck out if books of evidence in the case are not served during the accused men’s next court appearance.

A JUDGE has warned that the case against two cousins who are each accused of murdering two people in Southill earlier this year, will be struck out if books of evidence in the case are not served during the accused men’s next court appearance.

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 via video link from Cloverhill Prison on Wednesday morning, Inspector Seamus Nolan, Henry Street, said a substantial garda file in relation to the murder has been completed and that it was forwarded to the Director of Public Prosecutions, in recent weeks, for consideration.

He said investigating gardai had not yet received directions from the DPP and he applied to the court for a two week adjournment of the case to facilitate the issuing of directions.

However, lawyers representing each of the defendants opposed the application for an adjournment.

They reminded Judge Tom O’Donnell that during a previous hearing, he had indicated he would mark the case peremptory against the State if the book of evidence was not ready ahead of this week’s hearing.

The judge remanded both Thomas Stewart and Patrick O’Brien in custody to appear before the same court again in person on May 11 next.

In doing he said: “Either we have the book of evidence on the next day or the matter will be struck out.”