Case against Limerick man accused of stealing from pensioner struck out
THE CASE against a Limerick man accused of stealing over €70,000 from a woman now aged in her 80s has been struck out.
An accountant by profession - Sean Higgins, aged 70, of Ballinvana, Kilmallock - was charged with a total of 13 offences under the Criminal Justice (Theft and Fraud Offences) Act, 2001, before the local court last September.
Twelve of the alleged offences related to false accounting with one count of theft of €73,722.66 from a client. It was alleged the offences took place between 2007 and 2016.
Inspector Gearoid Thompson, who represented the State at that September court sitting, said the DPP had directed “trial on indictment” which means the matter was to be dealt with in the circuit court as opposed to the district court.
At that time, Insp Thompson made an application to Judge Patricia Harney for a two-month adjournment to allow time for the book of evidence to be prepared.
The case was back before Judge Harney on Friday, April 28 when Insp Thompson said the book of evidence was not available from the DPP.
Ted McCarthy, solicitor for Mr Higgins, made an application to the judge that the case against his client be struck out. He said an extension of time for service of the book of evidence had already been granted in February.
In striking the case out, Judge Harney said everybody had notice and “peremptory has to mean something”.