14 Aug 2022

Man committed ‘a flagrant abuse’ of Irish bail system, Kildare judge says


Man committed ‘a flagrant abuse’ of Irish bail system, Kildare judge says

The man was accused of assault causing harm and burglary against his partner. File Pic

A man who appeared in Naas District Court committed ‘a flagrant abuse’ of the Irish bail system.

That was according to Judge Michéle Finan, who presided over the a contested bail application at the courthouse on Thursday, July 21.

Gardaí also served a book of evidence during the case.

It was heard that gardaí objected to bail due to the defendant’s history of bench warrants, and broke conditions by failing to stay at his designated location, a hotel.

The man, who cannot be identified to protect the identity of the alleged injured party, was accused of assault causing harm and burglary against his partner.

A garda told Judge Finan: "He was caught in the act, and the likelihood is that he will go on to intimidate State witnesses and not abide by bail conditions."

The accused’s solicitor, Tim Kennelly, told the court that his client had difficulty organising his residence at the hotel.

When he asked gardaí if strict bail conditions would alleviate their concerns, a garda told Mr Kennelly that they would still object to bail for his client.

The garda in question also said that, at one point, the defendant was on the run from gardaí for nearly three months, and was only caught after a foot-chase ensued.

In addition, the garda claimed that the defendant had previously given false addresses to the gardaí before.

When the man’s partner was called to the stand, she was asked if she was in fear, to which she replied that she wasn’t.

She confirmed that she was still in a relationship with the man.

"He is a good man, and a good dad, he just has a problem with alcohol," she said.

"You are not in fear for your life?" Mr Kennelly asked her, to which she replied: "No, once he doesn’t have a drink."

When the accused took to the stand, he claimed that the reason he evaded gardaí was because he 'was afraid of going back into custody'.

He also said that he would agree to abide any bail conditions gardaí may impose.

However, a garda told the judge that he disagreed with this, and added that the defendant had never provided a contact number to gardaí.

In her consideration, Judge Finan said to the man: "Your solicitor made an excellent bail application for you... it’s just a shame you didn’t follow the bail conditions."

Denying bail for the accused, she said about his actions: "It is a flagrant abuse of the bail system."

The judge added that in relation to the man’s difficulty with the hotel, he should have contacted gardaí and asked them to come down to the hotel with him to explain his situation.

To continue reading this article for FREE,
please kindly register and/or log in.

Registration is absolutely 100% FREE and will help us personalise your experience on our sites. You can also sign up to our carefully curated newsletter(s) to keep up to date with your latest local news!

Register / Login

Buy the e-paper of the Donegal Democrat, Donegal People's Press, Donegal Post and Inish Times here for instant access to Donegal's premier news titles.

Keep up with the latest news from Donegal with our daily newsletter featuring the most important stories of the day delivered to your inbox every evening at 5pm.