File photo: Naas District Court
A west Kildare man was refused bail yesterday after a District Court was told that his sister had passed away in Limerick in previous days.
Dermot O’Brien (29), with an address given as his mother’s address, at 710 Ashgrove, Derrinturn, appeared before Judge Brian O’Shea at Naas District Court on November 1.
He is charged with public order charges at Castlefen estate in Sallins at The Willows, Castlefen.
He and his brother, Brendan (32), of the same address, were arrested after Gardai said they were called out to the estate by members of the public on October 25 last.
The State is alleging that they caused damage to a Garda patrol car including spitting in it and resisted arrest.
Gardai objected to bail due to the serious nature of the offence and in Dermot O’Brien’s case because of 27 bench warrants, which had previously being issued for his arrest.
The brothers had been refused bail by Judge Desmond Zaidan on October 26 for these reasons.
Garda Emma Butler outlined to the Court on both occasions how Gardai got a call about two men breaking bottles in the Castlefen estate.
She found them intoxicated.
Dermot O’Brien, giving evidence on October 26, said they did no damage in the Square and accused Garda Butler of telling lies, which she denied.
His brother, Brendan, apologised to the Court on October 26.
David Powderly, solicitor, for the two men said on October 26 that they felt that they should not have been arrested.
Judge Zaidan remanded them in custody until yesterday, November 1 when Judge Brian O'Shea made his decision.
Judge O'Shea was told that Brendan O’Brien had been the subject of four bench warrants.
Mr Powderly also said their sister had died in Limerick.
The matter was adjourned for a short while for the State to check the solicitor's instructions out.
The funeral is due to take place (tomorrow) Friday.
Judge O'Shea opted to remand Brendan on bail with the condition that he stay out of Sallins, reside at a Derrinturn address, stay off alcohol and observe a curfew at the house between 10pm and 6am each day.
However, the Judge refused bail to Dermot and remanded him in custody until November 15.
“I am not satisfied Dermot O'Brien will turn up for the hearing,” said Judge O'Shea.
The judge said the State would have to go look for him at a cost, or he would turn up later and the whole process would begin again.
Judge O'Shea said that Mr O'Brien could appeal to the High Court and it might take a different view.
Mr Powderly asked if the judge could recommend to the prison Governor that Dermot O'Brien be given temporary release for the funeral.
Judge O'Shea said he would not, but he would leave it the prison Governor as to whether he would grant such a temporary release.