Kilkenny Court House
A book of evidence has been served on a man charged with murder in Kilkenny City earlier this year.
Garrett Smith, 6 St Fiacc’s Terrace, Graigcullen is charged with the murder of father-of-five, Mr Liam Edward O’Sullivan (46) at High Hayes Terrace, Kilkenny on Feburary 2.
He was due before Kilkenny District Court at 10.30am for the service of a book of evidence on Tuesday having previously been granted bail in the High Court in relation to the matter.
When Mr Smith’s case was called, State Solicitor Gerry Meaney said that the book of evidence was ready to be served on the defendant.
However Mr Smith’s solicitor, Mr Joe Farrell, said that his client was not in court, adding that he had spoken to him the previous day and they had arranged to travel together to the court.
“I have tried to call his number but his phone is off,” the solicitor said.
Judge Geraldine Carthy issued a bench warrant for the arrest of Mr Smith. Mr Farrell later told the court that he had made contact with his client who had ‘slept in’ and was now on his way to the court.
Shortly before 1pm Mr Smith arrived at the courthouse and Judge Carthy vacated the bench warrant.
“I am asking the court to vacate the bench warrant. I was on the phone to my client yesterday and I said that I would give him a lift to court but he didn’t show up and said he slept out,” said Mr Farrell.
State solicitor, Gerry Meaney told the court that the DPP had directed that the trial proceed on indictment at the Central Criminal Court. A book of evidence was served on the defendant and Judge Carthy sent the case forward to the next sittings of the Central Criminal Court which are due to take place later this month.