The Director of Public Prosecutions has opted for trial by judge and jury in the case against a man accused of burglary where it is alleged he left his mobile phone at the scene of the crime.
John Burke, 24, was remanded in custody for a fortnight by Judge Colm Roberts at Cork District Court.
Sergeant John Kelleher said directions in the case had been obtained from the Director of Public Prosecutions to the effect that the case is to proceed by indictment at the circuit court level.
Sgt Kelleher said the DPP had indicated it could proceed by way of preparation of a book of evidence or the accused could enter a signed plea of guilty.
Defense solicitor Shane Collins-Daly said a book of evidence would be required.
Judge Colm Roberts acceded to a State application to remand the accused in continuing custody until September 15 to allow time for preparation and service of a book of evidence.
John Burke previously stated at his unsuccessful application for bail that he did not commit any burglary.
The person whose home was burglarized found a mobile phone after the stranger appeared in their house.
It was given to gardaí, and Sergeant Pat Lyons said it belonged to the accused man, John Burke of Bob and Joan’s Walk, Shandon, Cork.
The sergeant said as well as the phone evidence, there was also a detailed description of the perpetrator and what he was wearing and it matched the accused.
The burglary charge relates to a house at Grenville Place, Cork, on May 9.
John Burke said it wasn’t his phone and it wasn’t him who burgled the house.
“If it was my phone, I’d tell you,” the defendant said when cross-examined by the sergeant.
Sgt Lyons said: “The allegation is that someone who looks like you, walks like you, dresses like you and carries your phone, broke into a house occupied by two ladies. You are either very unlucky or you are not telling the truth.”
The defendant insisted it was not him.
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