A FORMER car salesman who allegedly sent threatening text messages to his ex-partner has failed in an attempt to get the matter thrown out because of delays in getting the mobile phone records.
Shane Lyons (41) is alleged to have sent threatening texts to his ex-girlfriend over a four-day shortly before Christmas last year.
His solicitor, Ronnie Lynam, had called for the case to be struck out, saying the State had failed to disclose all documents, including mobile phone records, to the defence by February 22.
Dun Laoghaire District Court heard the case had been marked peremptory for disclosure on that date.
Lyons, of Three Rock Grove, Harold's Grange Road, Rathfarnham, is charged with two counts of breaching a safety order.
It is alleged he called to his ex-partner's house in Enniskerry, Co Wicklow, on December 3 last and put her in fear.
It is also alleged that on dates between December 3 and December 6 last Lyons sent threatening texts messages by mobile phone to the woman.
Detective Garda Ultan Sherlock said he seized the mobile phone on December 8 and requested, through his superintendent, that gardai be allowed to download the phone records.
The detective said approval for this was given in early January, and on January 10 he asked for the records to be downloaded.
However, there were some technical difficulties with the mobile phone, a BlackBerry, and it took some time for garda technical experts to get all the data from the phone.
Garda Sherlock said gardai downloaded both voicemail and text messages from the mobile phone, and this was only completed on March 1. The detective said he immediately sent all relevant documents to Mr Lynam.
Judge Ann Ryan said she did not believe the delay was "inordinate", and said the detective had adequately explained the delay. The matter was adjourned for six weeks.