A Judge has given the State two weeks to finalise a book of evidence against two people charged with the murder of a man whose body was found in the water off Sliabh Liag.
Alan Vial and Nikita Burns have been charged with murdering Robert Wilkin and they appeared separately by video link at Monday’s sitting of Letterkenny District Court.
Burns appeared via video link from the Dóchas Centre at Mountjoy Prison while Vial appeared via video link from Castlerea Prison.
Sergeant Jim Collins told the court that the matter ‘is advanced’ but sought what he called ‘on final’ adjournment to have the book of evidence ready.
Burns’ solicitor, Mr Rory O’Brien, said the matter has become ‘extremely protracted’ and pointed out that Burns has been in custody for over two and a half months now, while her co-accused has been held in custody for a longer period of time.
“To be at four month and the book of evidence not ready is inexcusable and it is an unacceptable period of time,” Mr O’Brien said.
Mr O’Brien said if the book was not available for service on the next date then he would seek for the case to be marked peremptory against the State.
Mr Patsy Gallagher, representing Vial, said he did not want to ‘go over old ground’, but agreed with the comments made by Mr O’Brien.
Vial and Burns were remanded in custody until November 20 for the service of a book of evidence.
Judge Éiteáin Cunningham said: “I have heard evidence about the process and the complexities in terms of the preparation of the book and we are now at a critical stage. I am going to note that it has been indicated that there may be an application on the next occasion.”
Judge Cunningham said she would be ‘amendable to an application’ in two weeks’ time.
A previous sitting of the court heard that the Director of Public Prosecutions (DPP) has directed that the case proceed by way of trial on indictment at the Central Criminal Court.
Vial and Burns are charged that on June 25, 2023, at a place unknown within the State, they did murder one Robert Wilkin (also known as Robin Wilkin).
The body of Mr Wilkin, aged in his 60s and originally from County Tyrone, was found floating in waters off Sliabh Liag on July 3.
Over 200 statements have been taken in the case with detectives piecing together a complex jigsaw of evidence having gathered ‘well in excess’ of 200 exhibits. Sixteen interviews were conducted with the accused while six crime scenes were designated. Other scenes of interest were also examined by Gardai.
Detective Garda Ciaran O’Brien told an earlier court sitting that there was a ‘huge’ volume of forensic analysis required in the matter.
Vial and Burns were initially arrested on June 26 on suspicion of a serious assault. It followed information received by Gardai which led to a large-scale search around the popular tourist destination.
While both were released without charge on that occasion, Vial was then brought before Ballyshannon District Court on July 14 where he was charged with murder while Burns was brought before Letterkenny District Court on August 29 when she was also charged with murder.
Following an extensive search involving Gardai, the Irish Coastguard including Rescue 118 and the Donegal Mountain Rescue Team, a body was recovered in water off the cliffs on July 3.
The body was taken to Letterkenny University Hospital where a full post mortem was carried out by the State Pathologist’s Office.
The findings of that post mortem have not been released for Garda operational reasons.