A DUBLIN businessman charged with assaulting and injuring another man has had his case delayed after a court heard a medical report was unavailable.
Paul Byrne (47), of upmarket food store and restaurant Fallon & Byrne, is alleged to have assaulted the man in an incident in a pub in the south of the city last year. He was remanded on continuing bail at Dublin District Court for the production of a report on the injuries suffered by the alleged victim.
Mr Byrne, with an address at Mount Pleasant Square, Ranelagh, is charged with assault causing harm to Paul Thomas.
The charge is under Section 3 of the Non Fatal Offences Against the Person Act and relates to an incident at the Leeson Lounge, Leeson Street, Dublin 4 on March 5, 2013.
A garda sergeant told Judge Michael Walsh the DPP was consenting to summary disposal of the case.
This means it can be heard at District Court level subject to a judge accepting jurisdiction to deal with it. If a judge refuses jurisdiction, it will be sent forward to Dublin Circuit Criminal Court, which has tougher sentencing powers on conviction.
The sergeant said, however, he did not have a copy of the medical report; the prosecuting garda had been contacted earlier and it was unavailable.
Mr Byrne's solicitor said he was "obviously very anxious to see the report". However, he suggested that the judge could consider jurisdiction if the court could be given an outline of the allegations.
"We might save time addressing that issue today", he said.
Judge Walsh said he wanted to see the medical report and adjourned the case to next week.
The accused, wearing a dark suit, white shirt, dark tie and cream-coloured jumper, did not address the court during the brief hearing.
Fallon & Byrne is an award-winning food hall, wine shop and restaurant on Exchequer Street in the south city centre.