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Dublin: 4°C Sunday 11 April 2021

Murder charge struck out because of a delay in serving book of evidence

David Boland was stabbed to death in November last year.

Victim David Boland
Victim David Boland

A MURDER CHARGE relating to the death of a man in Athy, Co Kildare last year has been struck out because of a delay in presenting the complete book of evidence. 

A Kildare District Court judge yesterday ordered the charge facing Calvin Cullen, 20, of Greenhills, Athy, be struck out on the basis that the Director of Public Prosecution was not ready. 

The young man appeared before the court, charged with the murder of David Boland on Duke St, Athy during the early hours of 1 November 2018.

His defence team told the court that the State had a 42-day timeline to prepare the Book of Evidence.

The matter has been adjourned before Naas District Court several times since the accused was first charged with murder in November 2018.

Last month, Sergeant Brian Jacob said that there were more than 200 statements being examined and asked that the DPP get further time to prepare a book of evidence. At the time, Judge Zaidan said that he did not want four weeks to turn into 20 weeks.

Yesterday, Sergeant Jacob asked if the court could give the DPP a further three weeks.

However, Judge Desmond Zaidan refused the request and ordered that the murder charge be struck out based on the delays.

Boland died from multiple stab wounds received in a stabbing incident on Duke Street i the early hours of 1 November. 

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Louise McCarthy

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