A JUDGE dealing with the case of a man accused of murdering his mother refused to make his next appearance before Galway District Court peremptory against the State, but she noted the concerns of his defence team that he was now five months in custody and still had not been served with a Book of Evidence.
His solicitor asked Judge Fiona Lydon to make his client’s next appearance on October 19 peremptory against the State.
This means the DPP would be required by the Court to produce the Book of Evidence compiled against the accused to the defendant and his defence team, after which the case would move to the Central Criminal Court.
The book of evidence includes all the evidence collected by investigating Gardaí and when it is presented to the defendant his defence strategy can be worked out.
33-year-old Dubravko Ostojic, of Claí Mór, Ballybrit, is charged with the murder of his mother.
He was initially charged with assault but this has been upgraded to murder after Milena Ostojic (65 ) died after sustaining serious injuries at her home at Clai Mór, Ballybrit, on 24 April.
On Monday last (October 5 ) Ostojic appeared before the Court via video-link from prison. John Martin solr (defending ) said he was objecting to a proposed adjournment of one month for the finalisation of the book of evidence. He argued that the State had ample time to compile it as his client was in custody since April 16.
Prosecuting Garda Sgt Damien Prendergast pleaded that this was a very complex case and asked Judge Lydon not to make the next hearing peremptory against the prosecution, as more time was required.
John Martin said the defence was not complying with the request to adjourn matters for four more weeks as they were dealing with the same set of facts and his client was already in custody for five months.
Judge Lydon refused his request to make an order making the case peremptory against the State as there were very serious charges before the Court. However, she said she would note Mr Martin’s objection on the file.
As the required consent to adjourn the case for four more weeks was not forthcoming, the Judge allowed for the maximum remand in custody of two weeks and adjourned matters until the October 19 sitting.
“You’re doing your best for your client, Mr Martin, but I’m not making it peremptory today,” Judge Lydon concluded.
