The Director of Public Prosecutions has opted for trial by judge and jury in the case against a man accused of burglary where it is alleged that he left his mobile phone at the scene of the crime.
24-year-old John Burke was remanded in custody for a fortnight yesterday by Judge Colm Roberts at Cork District Court.
Sergeant John Kelleher said directions in the case were had been obtained from the Director of Public Prosecutions to the effect that the case is to proceed by indictment at circuit court level.
Sgt. Kelleher said that the DPP had indicated that it could proceed by way of preparation of a book of evidence or the accused could enter a signed plea of guilty.
Defence solicitor, Shane Collins-Daly, said a book of evidence would be required.
Judge Colm Roberts acceded to a state application to remand the accused in continuing custody until September 15 to allow time for preparation and service of a book of evidence.
John Burke previously stated at his unsuccessful application for bail that he did not commit any burglary.
The person whose home was burgled found a mobile phone after the stranger appeared in their house.
It was given to gardaí, and Sergeant Pat Lyons said it belonged to the accused man, John Burke of Bob and Joan’s Walk, Shandon, Cork.
The sergeant said that as well as the phone evidence, there was also a detailed description of the accused and what he was wearing and it matched the accused.
The burglary charge relates to a house at Grenville Place, Cork, on May 9.
John Burke said it was not his phone and it was not him who burgled the house.
“If it was my phone, I’d tell you,” the defendant said when cross-examined by the sergeant.
Sgt. Lyons said, “The allegation is that someone who looks like you, walks like you, dresses like you and carries your phone, broke into a house occupied by two ladies.
The defendant insisted it was not him.