Judge slams delays in case of man charged with deception offences at Naas court

Naas District Court judge has criticised the delay in the investigation of a man charged with deception offences.

David Williams, 63, whose address was given as Sroughan, Lacken, Blessington, faces four allegations of deception under Section 6 of the Theft and Fraud Offences Act on dates between January 2019 and May 2020.

Judge Desmond Zaidan noted that the case had been adjourned since May.

Sgt Brian Jacob, who was seeking a further adjournment, said that it was a very complex investigation made more difficult by Covid-19 restrictions.

The allegations involved the provision of legal services for immigrants to assist their status and that fees of between €500 and €1,500 were charged.

Judge Zaidan said: “I was reluctant to adjourn from May to December and here we are today hearing the same thing.

“It’s wrong for the State to put the court in such as position, caught between a rock and a hard place.

“This man is presumed innocent of the charges and the DPP is entitled to prosecute any criminal allegation.

“But if I strike it out, the headlines will be ‘judge strikes out serious allegations’.”

Defending barrister Sarah Connolly told the court that her client is entitled to have his case dealt with expeditiously.

She added: “This is totally unfair how this prosecution is being dealt with.”

Judge Zaidan then said that the investigating officer from the Garda National Economic Crime Bureau (GNECB) should be in court to explain the delay.

He added: “I can’t keep putting this back for the DPP, I have to have a good reason why.”

The investigating officer Det Garda Keith Gorman later appeared in court and gave evidence that up to 1,600 alleged victims have formed part of the investigation.

He also explained that it is difficult to carry our interviews and take statements from witnesses due to Covid-19 restrictions.

He added that the investigation includes thousands of single page documents.

The detective said he would be confident of a directions from the DPP in February.

He added: “It’s the most serious and complex I have been involved in. It’s got more complicated as it went on.”

The court heard that the file was sent to the Economic Crime Unit in the DPP in mid-December and a decision was expected within six weeks

He further stated that there was a language barrier in relation to some of the alleged victims and many may be reluctant to come forward to talk to gardaí due to their immigration status.

Defence barrister Ms Connolly argued that many the same reasons were given six months previously.

Judge Zaidan adjourned the case to March 25 and said: “I will need directions on the four charges from the DPP on that date.”