Bomb charge struck out in court hold-up

TOO LATE: Judge orders move

Andrew Phelan

A MAN charged with the possession of explosives following an alleged pipebomb attack on a north Dublin house has had the case against him struck out because of prosecution delays.

Michael McCabe (24) had been charged with unlawful possession of explosives in an incident in Raheny in May.

Judge Miriam Malone struck out the case after Dublin District Court heard the DPP's directions were still not available.

Mr McCabe, of Primrose Grove, Darndale, had been charged following an incident in which a pipebomb was allegedly thrown at a house in Edenmore Park, blowing in the front window while a couple and their children were inside.

The case had been before the court several times and the DPP's directions were due. However, a garda sergeant said directions were not available and no reason had been given.

The case had been marked peremptory against the State, meaning the prosecution was aware that it would be struck out if progress had not been made. The judge granted defence solicitor Tony Collier's application to strike out the charge.

It had been reported that a couple and their two children were inside the property when an explosive device was thrown at the front of the house shortly before 11pm on May 21.

Shock

The bomb exploded, blowing in the front room window and causing damage to brickwork. No one was injured in the incident but the family was taken from the house suffering from shock.

Mr McCabe was arrested at his home on June 2 and taken to Coolock Garda Station, where he was detained for questioning under the Offences Against the State Act. He was released from the provisions of the act at 10.50pm the following day and charged.

While charged, Mr McCabe had been subject to strict bail conditions and had been initially signing on every day at Coolock Garda Station.

That had later been changed to four times a week. Mr McCabe, who had been on free legal aid, had also been told to keep out of the Edenmore area.