08-05-2025
- Politics
- Irish Independent
Attempt to privately prosecute Louth TD referred to DPP
David Carroll, Dun Saithne Green, Balbriggan, last year stood as an Independent in the same Louth constituency as Deputy Ó Murchú and received 40 first preference votes.
In March he summonsed Mr Ó Murchú to Dundalk District Court alleging that on February 12 last, "at Dundalk area wide, Co. Louth, Ireland, stolen property and services value of €7,000.' It was listed as 'David Carroll vs Ruairí O'Murchu'.
No details were given of the alleged nature of Mr Carroll's complaint.
When the case was first called he attempted to present an invoice to the court.
He said it appeared to be a criminal summons issued by David Carroll and argued that there was no legislation allowing private citizens to issue criminal summonses against other private citizens. It was not a civil summons.
Mr Hughes continued that there was no procedure in law for this.
The prosecutor has to be An Garda Síochána or the DPP.
Judge Nicola Andrews, who had signed the summons, said that Mr Hughes could make submissions on May 7.
On the adjourned date the solicitor said it was his application to set aside the summons.
ADVERTISEMENT
He directed the court to the document and submitted that the allegation was 'very vague'.
The solicitor continued that he assumed it was one of theft and, if so, was a case for the DPP.
Judge Andrews said the matter could be listed for hearing with a 'not guilty' plea entered. Mr Carroll must discharge the relevant burden of proof. It would be up to him to prove his case.
Mr Hughes said that could be one way to go about it.
However, it was his submission that the DPP had to be involved, otherwise this 'can't ever go anywhere'.
Addressing Mr Carroll, the judge said, 'I don't know what you're going to prosecute here'.
He replied that he was bringing it under Section 4 of the Criminal Justice (Theft & Fraud Offences) Act.
Mr Hughes said that was 'helpful'. The DPP had to be involved.
Judge Andrews adjourned the matter to July 9 for DPP directions.
If there was a direction for summary disposal of the case the court would give a hearing date, she said, adding that Mr Hughes should be in a position to have his client present.
