A Choose has given the State two weeks to finalise a e book of proof towards two folks charged with the homicide of a person whose physique was discovered within the water off Sliabh Liag.
Alan Vial and Nikita Burns have been charged with murdering Robert Wilkin they usually appeared individually by video hyperlink at Monday’s sitting of Letterkenny District Court docket.
Burns appeared through video hyperlink from the Dóchas Centre at Mountjoy Jail whereas Vial appeared through video hyperlink from Castlerea Jail.
Sergeant Jim Collins informed the court docket that the matter ‘is superior’ however sought what he known as ‘on ultimate’ adjournment to have the e book of proof prepared.
Burns’ solicitor, Mr Rory O’Brien, mentioned the matter has turn out to be ‘extraordinarily protracted’ and identified that Burns has been in custody for over two and a half months now, whereas her co-accused has been held in custody for an extended time period.
“To be at 4 month and the e book of proof not prepared is inexcusable and it’s an unacceptable time period,” Mr O’Brien mentioned.
Mr O’Brien mentioned if the e book was not accessible for service on the subsequent date then he would search for the case to be marked peremptory towards the State.
Mr Patsy Gallagher, representing Vial, mentioned he didn’t need to ‘go over previous floor’, however agreed with the feedback made by Mr O’Brien.
Vial and Burns had been remanded in custody till November 20 for the service of a e book of proof.
Choose Éiteáin Cunningham mentioned: “I’ve heard proof concerning the course of and the complexities when it comes to the preparation of the e book and we are actually at a crucial stage. I’m going to notice that it has been indicated that there could also be an software on the subsequent event.”
Choose Cunningham mentioned she can be ‘amendable to an software’ in two weeks’ time.
A earlier sitting of the court docket heard that the Director of Public Prosecutions (DPP) has directed that the case proceed by the use of trial on indictment on the Central Prison Court docket.
Vial and Burns are charged that on June 25, 2023, at a spot unknown inside the State, they did homicide one Robert Wilkin (also referred to as Robin Wilkin).
The physique of Mr Wilkin, aged in his 60s and initially from County Tyrone, was discovered floating in waters off Sliabh Liag on July 3.
Over 200 statements have been taken within the case with detectives piecing collectively a fancy jigsaw of proof having gathered ‘nicely in extra’ of 200 displays. Sixteen interviews had been carried out with the accused whereas six crime scenes had been designated. Different scenes of curiosity had been additionally examined by Gardai.
Detective Garda Ciaran O’Brien informed an earlier court docket sitting that there was a ‘large’ quantity of forensic evaluation required within the matter.
Vial and Burns had been initially arrested on June 26 on suspicion of a critical assault. It adopted info obtained by Gardai which led to a large-scale search across the fashionable vacationer vacation spot.
Whereas each had been launched with out cost on that event, Vial was then introduced earlier than Ballyshannon District Court docket on July 14 the place he was charged with homicide whereas Burns was introduced earlier than Letterkenny District Court docket on August 29 when she was additionally charged with homicide.
Following an intensive search involving Gardai, the Irish Coastguard together with Rescue 118 and the Donegal Mountain Rescue Group, a physique was recovered in water off the cliffs on July 3.
The physique was taken to Letterkenny College Hospital the place a full submit mortem was carried out by the State Pathologist’s Workplace.
The findings of that submit mortem haven’t been launched for Garda operational causes.
Choose offers State two weeks to finalise e book of proof in Sliabh Liag homicide was final modified: November sixth, 2023 by