Louth man who was the target of a recent shooting has bail revoked for 41 separate breaches
A LOUTH man, who was the target of a recent shooting, has had his bail revoked for 41 separate breaches.
The man, who cannot be identified by order of the High Court, was arrested under warrant on Sunday evening for the bail breaches in relation to charges of criminal damage and possessing stolen property he is before the court on.
He appeared before Ms Justice Eileen Creedon at the High Court, sitting at Cloverhill today for an application by the State to revoke his bail.
The man claimed there is a particular context to the breaches in that he has been advised by gardai to vary his routine because of the credible threat to his life. He had agreed through his solicitor to attend a Garda station by appointment on Monday morning, the court heard.
In April last year the man was issued with a Garda Information Message (GIM) that there is a credible threat to his life. He was granted High Court bail last May for the charges he is facing and agreed to the strict bail conditions.
However, he now claims his strict bail conditions has made him a “sitting duck.”
“I am being punished. I am in a situation where I am forced to breach it as gardai tell me not to stay at home and I intended to keep my bail. I tried my levelled best but I am faced with challenges,” the man said in evidence.
Detective Garda Seamus Nolan gave evidence the 24-year-old was granted High Court bail on May 24 last for the charges he is before the court on.
As part of his bail conditions, the man has to sign on twice daily at a garda station, obey a curfew from 8pm to 8am, reside at a certain address and be available to gardai at all times via mobile phone.
Det Nolan said that since June 29 last to January 4, the man breached his bail conditions 41 times, which included failing to sign on on certain days, failing to be available on his mobile phone at certain times and not being at the bail address at certain times when gardai called to the premises.
Counsel for the man, Ms Lily Buckley said the man is “very candid” about his bail efforts and he had attempted to reach an agreement with gardai to have the bail varied because of the threat to his life.
“When faced with the risk to his life he found himself in the most unusual predicament in that his strict bail conditions made him a “sitting duck,” said Ms Buckley.
She said the strict bail conditions he was on “made him a creature of extreme habit and routine,” and made him a “sitting duck.”
“But they are minimal breaches when you look at the whole situation,” said Ms Buckley. She said the man was making a “genuine effort in the face of objection to comply” with the conditions
“He is not someone who is adopting an al-a-carte approach to his bail but there is a real threat to his life and he tried his best to comply,” Ms Buckley said.
“He had made requests for variation of his bail but gardai were not in a position to exceed to this request,” said Ms Buckley.
Addressing the court, the man said: “It is unfair to punish me for precautions I have been told to take.”
“Honest to God, I have done my level best to keep up my bail, to sign on and stay at the address but with the advice given to me by gardai not to keep routines, I can’t stick to the strict bail,” he said, adding “I am begging the court to vary my bail address for my own safety.”
He also said “I feel I have been more than compliant. I knew I breached it and I made this clear to my solicitor and the gardai,” he said, explaining he tried to have his bail conditions varied to reduce the risk of his life.
On hearing all of the evidence, Ms Justice Creedon said it is clear the DPP met the case and revoked the man’s bail and remanded him in custody for seven days to appear before a district court on Friday.
Source: Read Full Article