A judge has today refused to throw out the case of a Dublin man charged with possession of a stolen monkey.

Paul Murtagh (aged 28) of Birchdale Park, Kinsealy, Co Dublin, and Lighthouse Apartments, East Wall, Dublin 1, is accused of possessing “ one common South American Marmoset” worth €1,500.

He allegedly had the animal at Ravensdale Road, East Wall, on October 1 last.

Today he made his third appearance at Dublin District Court where the case had been set down for him to enter a plea.

Defence solicitor Tony Collier told Judge Bryan Smyth that a court order had been made at an earlier stage in the proceedings for the prosecuting garda to provide disclosure of the State's evidence.

Mr Collier said that order, which includes furnishing of statements, had not yet been fully complied with, and he asked for the case to be struck out.

Judge Smyth refused to strike out the prosecution at this stage but held that the material sought by the defence should be handed over within one week.

Mr Murtagh, who has not yet indicated how he will plead to this charge, was remanded on continuing bail to appear again on December 12.

Judge Smyth also heard that the 28-year-old man would be pleading not guilty to unlawful possession of a stun gun at Marlborough Place, Dublin 1, on October 27, 2009.

A hearing date in January for that case has been reserved.