FORMER IRISH RUGBY international Brendan Mullin has sought a sales assistant’s statement in his prosecution for stealing a high-end fragrance from Brown Thomas on Dublin’s Grafton Street.

The ex-rugby star, who won 55 Irish caps between 1984 and 1995 before going into financial services, is accused of the theft of Hermès perfume worth €158 from the department store on 15 May last.

He faced his second hearing on this charge when he appeared before Judge Treasa Kelly at Dublin District Court on Tuesday to enter a plea.

His solicitor John O’Doherty told the judge that evidence disclosure had been addressed during the previous appearance last month.

However, he added that he was seeking the statements which had not been received.

The judge recalled that a summary of the facts and CCTV footage had been handed over, and that statements had not been sought.

Mr O’Doherty said he had expected statements to be sent in due course. The judge said she had to make a disclosure order.

Court presenter, Garda Sergeant Farrah Fox, said that statements may not have been taken.

The solicitor said he was seeking the investigating garda, particularly the sales lady from Brown Thomas.

Mr Mullin (62) of Albert Lodge, Stillorgan Road, Donnybrook, Dublin 4, was remanded on continuing bail to appear on 29 September to enter a plea. The solicitor said he would write to the garda in the meantime.

Dressed in navy trousers and a pale blue shirt, he sat silently at the back of the public gallery and was not required to address the court. He is not on legal aid, so his case was unaffected by the widespread disruption to criminal proceedings. Legal aid solicitors have withdrawn their services in response to payment reforms pushed through by Justice Minister Jim O’Callaghan.

Garda Nathan Cox of Pearse Street is prosecuting him on a single charge under section 4 of the Theft and Fraud Act. The alleged offence, at District Court level, is punishable, on conviction, by a maximum sentence of 12 months and a fine of up to €3,000.

On a prior date, the judge noted the Director of Public Prosecutions has, “based on an evaluation of €158,” directed summary disposal in the District Court, rather than sending the case forward to the Circuit Court, which has wider sentencing powers.

The judge agreed to retain jurisdiction over the case, keeping it in the District Court.

However, his solicitor said on Tuesday that Mr Mullin still had the right of election, which is the choice to have his case go before a Circuit Court jury.