Wicklow man accused of assaulting relative has charge struck out after Garda file not submitted
The Wicklow PeopleA Wicklow man accused of assaulting a relative with a chisel, and attempting to drive a car at him, has had the case struck out after a Garda file was not submitted to the Director of Public Prosecutions.
Rory Killen (42), with an address at Richmond Hill, Bray, appeared at a sitting of Bray District Court charged with assault causing harm.
It was previously alleged that on January 8, Mr Killen was involved in an altercation at his home address, where he is accused of using a chisel to strike the complainant, who suffered lacerations to his face.
It was further alleged that during the incident, Mr Killen attempted to drive his Hyundai Santa Fe at the complainant, who is a relative of his.
A testifying garda noted at his bail hearing that the complainant did not sustain injuries during this incident as he managed to “jump out of the way”.
The matter was previously struck out by Judge David Kennedy, but was re-entered for a second time in April.
However, when the matter returned on Thursday, September 3, after previously being made peremptory, Sergeant Mick Canavan informed the court that the investigating garda had failed to submit a file to the Director of Public Prosecutions (DPP).
He asked for the matter to be struck out with liberty to re-enter at a later date. Judge Mary McAveety granted the request and struck the matter out.