Man charged with assault of teenage girl given a month to decide on pre-trial application

A man facing a charge of assaulting a teenage girl in Letterkenny has been given one month to decide if he wishes to request a pre-trial hearing.

Seamus Cooley is charged with assaulting Shanan Reid McDaid and causing her harm on October 15, 2017 at Castle Street, Letterkenny.

When the case was called at Letterkenny Circuit Court this week, Ms Patricia McLaughlin BL, prosecutor for the State, told Judge John Aylmer that the case was ready to proceed.

However, Mr Cooley, who is representing himself having previously informed the court that he was unable to find a legal team, indicated to Judge Aylmer that he had ’37 or 38 pre-trial matters’ he wished to bring to the court’s attention.

Mr Cooley said he had sent ‘many emails’ on the matter to the Courts Service, but Judge Aylmer said this was not the correct procedure as there is no procedure for email communication with the court for a trial process.

Judge Aylmer told the accused that if he wished to make a preliminary application, he would have to assess the legislation and serve a form of notice if he deems that his app;action falls under the statutory provisions of Section 4 and Section 6 of the Criminal Prosecute Act 2021. Mr Cooley, in any application he would make, is to set out why he is seeking a pre-trial hearing.

Judge Aylmer directed that Mr Cooley serve any such notice on or before June 10, 2023. The notice should be served on the prosecution and lodged in court, Judge Aylmer said.

The Judge also asked that if Mr Cooley had any other preliminary matters that he sent a letter to the State Solicitor for County Donegal, Mr KIeran Dillon, indicating the nature of the preliminary application.

Pre-trial hearings were introduced as part of the Criminal Procedure Act 2021, which was enacted by President Michael D Higgins in May, 2021.

Mr Cooley was remanded on continuing bail until the next session of Letterkenny Circuit Court, which commences on June 20.