A DUBLIN man who pleaded not guilty to an arson attack on a house had his case struck out when he came before Judge Alice Doyle at Wexford Circuit Criminal Court yesterday (Thursday).

Derek McDermott, of 11 Macroom Avenue, Coolock, Dublin 17, had pleaded not guilty to arson on dwelling house property of David Norman at 2 The Lodge, Ardamine, Courtown Harbour, Co. Wexford, on February 3, 2008.

He also pleaded not guilty to assault of Ann Harvey on same occasion.

Ann Harvey, when called to give evidence, said she was in the house. She said about two years ago she suffered a fall with the result she could remember nothing of what had happened on the occasion. She also told the court that the accused had a fantastic character.

She remembered being present in or around the time of the incident but does not remember what happened as she lost her memory over a period of time.

Following legal argument and on the application of Mr. James Peart, B.L., that Ms Harvey's statement was not admissible Judge Doyle entered a Noelle Prosqui and struck out the case.