Latest news with #O'CallaghanRules
Irish Independent
21-06-2025
- Irish Independent
Armed gardaí had to break in and remove man from his mother's home, court hears
After hearing garda objections to the accused man being granted bail, Judge Patricia McNamara refused his application under the O'Callaghan rules, citing serious concerns that the accused may interfere with the injured party if released. The man is charged with breaching a barring order contrary to Section 33(1) of the Domestic Violence Act 2018. The order has been in place since August 2024 and was granted to protect his mother, a woman in her 60s, who lives at the address in Dublin. Detective Sergeant Ruth Finnegan told Tallaght District Court that gardaí responded to a call from the woman shortly after midnight on Sunday, June 15. She reported that her son was at the house, despite the court order prohibiting him from being there. When gardaí arrived, they found the man at the front door, but he refused to engage with them. He then barricaded himself inside the house, prompting the officers to call for armed support. The court heard that the back door was then forced open to gain entry. The court heard the accused man's mother was at a relative's home at the time. The judge instructed gardaí to request that the woman come to court to give evidence. Later that day, Garda Fintan Carew told the court he had called to her home, where she told him that she was afraid to attend court and was with a locksmith trying to secure the property following the incident. Garda Carew read out a signed statement in court in which the woman said she feared her son, that he was aggressive when drinking or using drugs, and that she no longer felt safe around him. She also claimed he had threatened to kill her and her family during a phone call that night. The court heard that she had previously allowed him to return home when he was unwell - including when suffering from chest infections - but gardaí said that on this occasion, he had not been invited in and she was now in fear. During the bail hearing, the man's solicitor, Padraig O'Donovan, said his client denied threatening his mother but had been threatening to kill himself. Mr O'Donovan argued the man believed he had not breached the order, as he believed he had been staying at the home with his mother's consent. The accused gave evidence, telling the court that he had not realised he was in breach of the barring order, and that he had returned to the house for food and shelter, claiming he had 'gone to a soup run in town' for food. ADVERTISEMENT Learn more Judge McNamara noted the O'Callaghan principles, which allow the court to refuse bail where there is a real risk that the accused would interfere with witnesses or obstruct the course of justice. 'I'm satisfied to accept the garda's evidence that the injured party is in fear,' she said, accepting the reasons given for the woman's absence from court. 'Given the circumstances and the allegations that gardaí had to break into the home, I am refusing bail under O'Callaghan Rules.' The man was remanded in custody to appear via video link before Cloverhill District Court on Friday, June 20, at 10am. A disclosure order was also made by the court. Funded by the Courts Reporting Scheme.
Sunday World
19-06-2025
- Sunday World
Asylum seeker charged with rape of teenage girl in Athlone denied bail
It was the man's third appearance in court having previously been arrested, charged and remanded in custody some two weeks earlier. An asylum seeker accused of raping a teenage girl in Athlone earlier this year has been refused bail. The 23-year-old man came before a sitting of Athlone District Court today (Wednesday) charged in connection to the alleged incident at a location in the midlands town on a date unknown between February 16 and February 17, 2025. He cannot be named for legal reasons and in order to protect the identity of his alleged victim. It was the man's third appearance in court having previously been arrested, charged and remanded in custody some two weeks earlier. Judge Bernadette Owens was told the State was objecting to bail under both O'Callaghan Rules and Section 2 of the Bail Act 1997. Athlone Courthouse. News in 90 Seconds - June 19th Detective Garda David Mead said those concerns were linked to the 'serious flight risk' fears gardaí harboured given the man hailed from Lesotho in southern Africa having arrived here in July 2024. He said it will be the State's case the young girl had been reported missing by her mother earlier that evening with gardaí later finding the alleged victim in a 'highly intoxicated' state at the entrance to a local housing estate. The court heard how it will be contended a 'disclosure' concerning the alleged rape was made after two officers returned the schoolgirl to her mother. '(He) is a serious flight risk who can leave in the morning, go to Northern Ireland and flee the jurisdiction without any requirement of a passport,' said Garda Mead. Under cross examination, Det Garda Mead agreed with Andrea Callan BL, that any admissions made by her client in interview were that sexual intercourse had taken place, but that there were unequivocally none attached to that of rape. Judge Owens was told how the accused had been arrested a week after the alleged incident having arrived into the country just under 12 months ago due to a threat on his life which arose after he was witness to a murder. Ms Callan said while evidence concerning the exact nature of the alleged incident was for 'another day', there appeared to be no mention of what had allegedly occurred as the teenager was being returned home to her mother by gardaí. She also stressed there was no inkling given of fears her client would go on to commit other serious type offences such as burglary, theft or assault. 'It would be quite a reach for a section 2 bail application on that basis,' she told Judge Owens. Equally, she said there was no suggestion of any bench warrant history, citing how 'most tellingly' the State had stopped short of flagging any concerns over possible witness interference. Ms Callan also explained how the accused was no longer residing in the immediate locality and had not attempted to make any effort to flee despite having a 'very obvious opportunity' to do so. Sgt Sandra Keane, in response, said the State's anxieties over bail being afforded to the man could not be understated. 'We have all seen people come down from the North, get a taxi and head up North again, it's a huge concern,' said Sgt Keane as she reinforced the State's apprehension's over flight risk disquiet it maintained over the man. Judge Owens, in delivering her ruling, said while the State had fallen short in meeting the required threshold under section 2, it had in terms of O'Callaghan Rules. This, she said, was in light of the man's lack of links to the community, adding that since the rape charge had been issued against him, the 'character of the prosecution' had changed. She said in spite of conditions such as a curfew and signing on requirements being considered, they were not suitably sufficient for bail to be granted. The man was subsequently remanded in custody to appear back before a sitting of Athlone District Court on July 2 for the servicing of a book of evidence.
Sunday World
13-06-2025
- Sunday World
Married couple accused of violent disorder after Longford filling station brawl
Johnny Nevin (29) and Michelle Nevin (30) were arrested and charged after an initial verbal exchange descended into a fist-fight between two men. Johnny Nevin allegedly traded blows with his rival Christy McDonnell before being pepper sprayed in front of customers and staff. A husband and wife have appeared in court charged in connection to a violent brawl inside the doors of a busy midlands filling station that allegedly saw pepper spray being discharged and two men trade blows in front of horrified shoppers. Johnny Nevin (29) and Michelle Nevin (30) Legion Terrace, Townspark, Longford were both charged with violent disorder following a disturbance which broke out at Hanlon's Gala Shop, Dublin Road, Longford on Tuesday morning. The pair were arrested and charged after an initial verbal exchange descended into a fist-fight between two men and where pepper spray was deployed as staff and members of the public watched on in terror. Johnny and Michelle Nevin outside Athlone Courthouse. In a contested bail hearing before Judge Bernadette Owens at a sitting of Athlone District Court, Garda Patrick Fallon said gardaí were objecting to bail being afforded to Johnny Nevin under O'Callaghan Rules. He said that challenge was being made based on the seriousness of the charge and its maximum sentence on indictment to a term of up to 10 years in prison. The court was also told of how the State's objection also centred around the nature and strength of the evidence gardaí had managed to garner in the wake of the alleged incident. He said it will be alleged the episode in question unfolded at 9:30am when Christy McDonnell who is also before the courts in connection to the incident, entered the store of the service station where he was followed by Nevin and his wife, Michelle. Judge Owens was told it will be the State's case that as the pair came looking for McDonnell, a physical altercation broke out on the shop floor and 'in front of a large number of people'. Garda Fallon said a series of punches were thrown by both men before they were separated by staff. McDonnell, it was stated, left the premises only to return moments later where the scuffle between the pair resumed at the front door of the shop. Johnny Nevin and his wife Michelle Today's News in 90 Seconds - June 13 2025 The court heard how it will be alleged Nevin assaulted his rival and wife, Bernadette by striking both individuals with his fist. That fracas, it was contended, led to Nevin being pepper sprayed inside the shop by McDonnell before fleeing on foot seconds later. Garda Fallon said Nevin made 'full admissions' in interview following his arrest and was essentially caught 'red-handed' in view of the quality of CCTV footage which was downloaded by detectives. Judge Owens was similarly told gardaí harboured concerns over possible witness interference, concerns which had heightened by the fact Nevin was only granted bail the week previously by the same court. In defence, Diarmuid Quinn, took issue with the State's assertion over his client's purported culpability, insisting the Longford man was acting in self-defence. 'He put forward a context to it (incident) that he was defending himself and his wife,' said Mr Quinn. He argued the prospect of remanding Nevin in custody would likewise impose significant hardship on his own domestic situation where he currently holds down the role of being his family's only designated driver. Mr Quinn added Nevin's nine-year-old son was very much reliant on his father to bring him to and from school and was currently dealing with the fallout from an uncle who was terminally ill in Dublin. He said in a bid to convey Nevin's willingness to abide by any conditions the court handed down, his client had come to court with €1,000 as a potential cash bail lodgement. Judge Owens, in delivering her verdict, said while the State had met the required threshold for objecting to bail, the court was obliged to consider if the imposition of a series of conditions would help alleviate the Gardaí's fears. Johnny Nevin allegedly traded blows with his rival Christy McDonnell before being pepper sprayed in front of customers and staff. She subsequently granted bail on the basis Nevin enter into his own cash bond of €1,000 and obey a 10pm to 6am curfew. He was also ordered to sign on three times a week at Longford Garda Station, to stay out of Hanlon's Gala in Longford town, to have no contact with Christy and Bernadette McDonnell including via social media and to remain contactable at all times on a designated mobile phone number. He was remanded on bail to appear back at a sitting of Longford District Court on July 15 when directions from the Director of Public Prosecutions (DPP) are expected to be made known. The court heard there were no State objections to Michelle Nevin who was granted bail subject to a number of conditions also. They included a once weekly signing on condition, to have no contact with both McDonnells and to likewise steer clear of the Dublin Road based filling station. She was remanded on bail to appear back before a sitting of Longford District Court on September 16 for DPP directions.
Sunday World
08-06-2025
- Sunday World
Addict was on bail for burglary at time of alleged shoplifting spree, court told
'I stole yeah, but do you not think I need professional help?' Charles Reilly admitted he had stolen in the past to feed a persistent drug habit. A father of two and 'chronic drug user' has been remanded in custody accused of carrying out a shoplifting spree in a midlands town while on bail for burglary and theft related incidents, a court has heard. Thirty-three-year-old Charles Reilly, of River Court, Great Water Street, Longford was brought before a sitting of Longford District Court charged with stealing over €600 worth of clothes and food items from three shops in Longford town over the course of a six week period. Two of those allegedly took place on the same day, on April 11, when Mr Reilly was accused of walking into Durkins, along the town's Ballymahon Street and exiting moments later with €280 worth of men's clothing. Charles Reilly admitted he had stolen in the past to feed a persistent drug habit. Later that same day, Garda Maeve Daly said it will be the alleged Mr Reilly entered Dealz, Market Square to steal almost €50 of food items. The same discount store was allegedly targeted by the accused on May 20, she added, in an incident that resulted in the theft of almost €130 of clothes. Nine days later, Judge Deirdre Gearty was told how Mr Reilly was positively identified on CCTV selecting a number of bedding items before concealing them in a bag and covering the goods with a jacket. In all of the alleged thefts, Mr Reilly was adjudged to have passed all points of payment without making any effort to pay for the near €650 worth of goods which were taken, the contents of which remain outstanding. In a contested bail hearing, the court heard of garda objections to bail under both section 2 of the Bail Act 1997 and O'Callaghan Rules. Garda Daly said despite there being no CCTV available for the second theft which Mr Reilly stood accused of in April, he was found sporting the same attire in both incidents. The court heard how the State's rationale in registering its objection to bail being afforded to Mr Reilly was predicated on fears the sum of goods taken in the alleged thefts may be disposed of by the Longford man. Garda Daly said gardaí likewise harboured fears of possible witness intimidation, a concern which was based on the close proximity of Mr Reilly's home to the shops which had fallen foul of the alleged thefts. Judge Gearty was similarly informed of how Mr Reilly was a 'chronic drug user' and heroin addict who gardaí believed, if granted bail, had the propensity to go on and commit further crimes to feed his addiction. Charles Reilly outside Longford Courthouse. Equally, Garda Daly said the accused was on bail for an alleged burglary in Longford town in early March, in addition to bail which had been sanctioned at the end of February for an alleged theft incident. Part of those conditions, it was added, had obligated Mr Reilly to abide by daily sign on conditions, in an order he had failed to comply with since April 9. John Quinn, defending, contended those anxieties could be suitably addressed by the tabling of a 'substantial' cash lodgement in a vow which would provide the necessary incentive for his client to abide by whatever terms thee court chose to implement. Taking the stand himself, Mr Reilly pledged to adhere to those measures as he came under cross-examination from court presenter for the State, Sgt Enda Daly. 'Your health isn't good,' observed Sgt Daly, as he looked directly at Mr Reilly as he sat in the witness box. 'I know you a long time and I just don't think you look that well at the moment.' The accused, for his part agreed as he revealed how he had recently spent a period of time in hospital. In conceding the addictive challenges he was attempting to curb, Mr Reilly admitted that while he had resorted to crime in the past to feed his drug habit, he was no longer under the influence of heroin. Charles Reilly, the court heard, was already on bail in connection to separate burglary and theft incidents when he was arrested in connection to a string of thefts from retail outlets in Longford town. 'I am taking drugs, but not heroin,' he said. I ran out of money and I did steal, but thank God I am on a methadone programme now.' Sgt Daly, however, said the very fact Mr Reilly was back before the courts facing four separate theft charges indicated otherwise. 'I stole yeah, but do you not think I need professional help?' Mr Reilly snapped in response. 'Prison is not the place for me and I need help.' Judge Gearty, in delivering her verdict, said the State had been 'fully justified' in raising its objections to bail. She said despite Mr Reilly's medical ailments, for which the court empathised with, there were no meaningful conditions which could be applied in order to allay the fears which had been outlined by the State. As such, she stressed the court's decision to refuse bail was grounded on the seriousness of the charges, the strength of evidence presented, the possible intimidation of witnesses, risk of reoffending and addiction issues. He was consequently remanded in custody to appear back via video link at a sitting of Longford District Court next Tuesday (June 10). In making that order, Judge Gearty directed Mr Reilly to receive all appropriate medical attention as part of his remand. Charles Reilly admitted he had stolen in the past to feed a persistent drug habit. Today's News in 90 Seconds - 08 June 2025
Irish Independent
10-05-2025
- Irish Independent
Woman (32) ordered to stay out of all Tesco and Dunnes Stores premises in Louth
A Garda gave evidence of arresting Shanice Mulready (32), Oldbridge, Toberona, Dundalk, on May 6 last at Oldbridge. He later charged her at 5.37pm at Drogheda Garda Station and said that she made no reply after caution. She is accused of theft of various items ranging in value from €32.50 to €268.84 over a period from June 24, 2024 to April 30 last, at Dunnes Stores, Ard Easmuinn; McCreesh's, Avenue Road; Mr Price, Rampart Road; Tesco Extra; St Joseph's Redemptorist Church and Tesco, Longwalk Shopping Centre in Dundalk and at Centra, Ballsgrove and John's Centra, Platin Road in Drogheda. Ms Mulready, is further charged with burglary at John's Centra, Platin Road, on June 24, 2024. Gardaí objected to bail under O'Callaghan Rules. Solicitor Fergal Boyle said that his client had instructed to plead guilty. She was seeking bail. Judge Nicola Andrews granted the defendant bail in her own bond of €300. She must sign on twice daily at Dundalk Garda Station, observe a 10pm to 7am curfew, be contactable by mobile phone and stay out of all Tesco and Dunnes Stores premises in Co. Louth, as well as Centra, Ballsgrove and John's Centra, Platin Road. Ms Mulready was remanded on those terms to June 4 for a community service assessment. Legal aid was granted.
