A heroin-dealing charge was struck out yesterday as the forensic certificate on the material seized by gardaí was not before the court.
Judge Olann Kelleher had adjourned the case on that basis and then acceded to the defence application by solicitor Frank Buttimer to do as he had indicated.
As there was no forensic cert in the case the judge then struck out the charge and a related possession charge.
Where charges are struck out in this way it is possible for the prosecution to bring the charges a second time at a later stage.
The defendant in this case, 45-year-old Timothy Creamer was given a six-month jail term yesterday on the unrelated charge of carrying a knife.
In the drugs case he had been charged with possessing Diamorphine and having the drug for the purpose of sale or supply where he was living at Murphy Cottages, Turner’s Cross, Cork, on August 27.
He was also charged with having cannabis and heroin for his own use at the same location.