A District Court judge yesterday turned down an application to have a charge against a Las Vegas man of conspiring to murder two Co Clare men struck out due to a delay in serving the book of evidence.
At Ennis District Court yesterday, Essam Eid (51), of Las Vegas, Nevada, US, appeared charged with conspiring with Sharon Collins, of Ballybeg House, Kildysart Road, to murder two Ennis businessmen in their 20s, Robert and Niall Howard, in the State between August 16th and September 26th last year.
Solicitor for Mr Eid, Sinead McMahon, told Judge Leo Malone that Mr Eid has been in custody since September of last year after being arrested on two previous charges.
Ms McMahon said Mr Eid was due to appear for trial at Ennis Circuit Court on June 26th last but the State entered a nolle prosequi on the charges and the case did not proceed.
The main charge the State did not proceed with related to Mr Eid making an unwarranted demand with menaces for €100,000 on September 26th last at Ballaghboy, Doora, Ennis, to cancel a contract on the lives of Robert Howard, Niall Howard and PJ Howard.
Mr Eid was arrested after the Circuit Court sitting in June, and charged with the conspiracy to murder charge currently before the court.
Ms McMahon told the court yesterday that many of the statements in the book of evidence on the conspiracy to murder charge would be contained in the previous book of evidence in which the nolle prosequi was entered.
She said the period for the book of evidence had expired, and applied that the charge against Mr Eid be struck out.
However, Insp Michael Gallagher told the court that the file that was going to the Director of Public Prosecutions was "most complex". He sought a further remand in custody for two weeks for Mr Eid.
He said: "Five computers are currently being examined at Garda headquarters, while the investigation in the case has taken place in Mexico, Spain and the United States, and these investigations may be as beneficial to the defendant as to the State."
Judge Malone remanded Mr Eid in custody to reappear before Ennis District Court in two weeks to allow the State more time to get directions from the DPP and prepare the book of evidence.
Mr Eid's co-accused, Ms Collins, is currently on bail, and is due to reappear before Ennis District Court next month.
