Solicitor wants 'pink cocaine' case to be struck out  over delays

The judge said that if the prosecution did not have DPP directions on the next occasion, he would make the next adjournment peremptory against the State, meaning the case could be struck out then if directions were not available.
Solicitor wants 'pink cocaine' case to be struck out  over delays

“We are being blamed for cases being adjourned, and by inference, the courts are being blamed. I would ask for this case to be struck out for delay,” Mr Buttimer said. Picture: Larry Cummins

A Cork solicitor, who said the minister for justice was blaming solicitors for delaying cases in the district court, has applied to have another case struck out because of delays on the prosecution side.

Frank Buttimer made the argument in a similar case last week and this week repeated it in the case against 30-year-old Anthony Walsh because of directions not being available in a case dating back to May 21.

“We are being blamed for cases being adjourned, and by inference, the courts are being blamed. I would ask for this case to be struck out for delay,” Mr Buttimer said.

He said he was not blaming An Garda Síochána for the delay.

Judge David Waters did not accede to the application to strike the case out or to make it peremptory against the State for the next occasion. However, he said that if the prosecution did not have DPP directions on the next occasion in four weeks’ time, he would make the next adjournment peremptory against the State. 

That effectively means that the case could be struck out then if directions were not available.

Anthony Walsh, of no fixed address, is accused of dealing “pink cocaine” that was allegedly thrown out the window of a caravan in the garden of a house being searched by gardaí.

Garda Tristan Loftus said: “It is alleged that at approximately 6.15pm on May 21, gardaí executed a search warrant at 8 The Acre, Pouladuff Road. Gardaí located Anthony Walsh in a caravan at the rear of the premises. It was in the rear garden.

“A search of the caravan was carried out. Gardaí observed Anthony Walsh throwing a bag out the window of the caravan. This bag was retrieved, and a quantity of drugs was recovered.

“The contents of the bag was suspected crack cocaine to the value of €2,450, suspected diamorphine [heroin] to the value of €7,840, suspected pink cocaine to the value of €14,630. There was also cash of €1,435.

“There was evidence of drug-dealing with weighing scales and deal bags located. Gardaí believe that the cash is the proceeds of Anthony Walsh’s drug dealing.”

As well as money laundering, Anthony Walsh is charged with possession of each of the drugs for sale or supply.Anthony Walsh, of no fixed address, said in his unsuccessful application for bail: “I just want to sort my addiction difficulties, I need to pull up my socks and get my act together and get treatment. My life is a bit hectic. I just want to sort myself out.”He is also charged with having cocaine for sale or supply at an address at Desmond Square, Greenmount, Cork.

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