TWO members of the same family facing charges of assault were this Tuesday (September 10) refused an application before a Limerick court to have access to all the prosecution evidence in the case.
Alison Chawke (40), of The Beeches, Holywell, Goatstown, in Dublin 14, and Bill Chawke (30), of Merrion Street Upper, Dublin 2, are facing charges of assault causing harm in County Limerick on January 17, 2024.
Both are due to appear before before Newcastle West District Court on October 1, but this week their legal representative applied to Judge Mark O’Connell in the Limerick District Court for an order of disclosure to the defence.
He told the judge that the rights of the two accused were being denied.
“My clients have been accused of an offence since January and there has been not one scintilla of evidence produced by the State,” he petitioned the judge.
His application was opposed on behalf of the State by Inspector Barry Manton, who said that there are “further charges pending” and it would be premature to have disclosure before all the charges had been put to the accused persons.
He said that both accused had been excused attending court on the last occasion and it was “not possible to bring further charges without them being in court”, even though those charges were ready.
He told Judge O’Connell that the two accused were due before the courts again on October 1 and argued that the matter of charges and disclosure could be dealt with at that time.
The solicitor for the Chawkes said that it was “a matter of time” and that his clients were under the cloud of criminal charges without any ides of what the evidence, if any, against them might be.
Judge O’Connell said that he did not “believe that their rights will be affected if we wait two weeks for the court date in Newcastle West”, and added that he would not make any ruling on the application before that.
