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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 1952
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Hi. I was recently the victim of a serious assault which is

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Hi. I was recently the victim of a serious assault which is about to come to court. I was served with a witness summons to appear and give evidence on behalf of the d.p.p as tp whay happened on the night in question. The defendent is charged with section 4 assault causing actual bodily harm as he completely severed my left ear with a stanly blade. The whole incident was caught on cctv as well as theit being 4 or 5 eye witness statements. My question is this; the summons which i recieved and the name of the victim (me) in which the defendant is charged with attacking is an old surname belong to my step father which i went by when growing up. I was registered in schools and hospitals under this name but was advised to use my proper surname on that of my birth cert and passport. The gardai visited me in hospital to take my statement and as such began proceedings under the name i was admitted under., if the judge sees this error will the case thrown out as technically there is no such person and will the defendent get off on this technicality. I am aware this often happens when people are trying to cover up previous conviction but i have no such criminal history or charges and the defendent is a career criminal and the attack was unprovoked. Can this clerical error be rectified now as the trial will beginin october? Thank you for your help

Submitted: 12 months ago.
Category: Republic of Ireland Law
Expert:  Ronan replied 12 months ago.
Yes, it can be rectified. The DPP can make an application to the Court to rectify the name of the injured part on the summons and generally the court will do so once there is no prejudice to the injured party. If it was struck out on this basis. The state can simply re-charge him as per your correct name so he is not prejudiced.

You should however advise the gardai as soon as possible so this can be addressed
Ronan, Solicitor
Satisfied Customers: 1952
Experience: B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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