Offaly halting site resident charged after cemetery Sunday incident
Court hears over €2,900 cash found on Tullamore accused following arrest
OVER €2,900 in cash was found on a resident of a Tullamore halting site who has been charged in connection with incidents at a cemetery Sunday ceremony, Portlaoise District Court was told.
Gerard McInerney, aged 38, with an address at Kilcruttin halting site, Tullamore, Co Offaly, was the first of four defendants to appear before Judge Andrew Cody on Monday, June 1.
Sergeant Kevin O’Sullivan told the court that at 6.07pm on May 31 he charged and cautioned Mr McInerney. The accused made no reply.
Mr McInerney was charged under Section 9 (5) of the Firearms and Offensive Weapons Act 1990, which makes it an offence to possess any article in a public place with the intent to unlawfully cause injury, incapacitate, or intimidate someone.
Sergeant O’Sullivan applied to the court for the accused to be remanded on continuing bail to await directions for the DPP.
The sergeant told Judge Cody that the investigation is complex and asked for the matter to be adjourned to July 20. The judge acceded to this request.
Defending solicitor Aengus McCarthy requested that legal aid be granted. However, Sergeant O’Sullivan said gardaí had concerns about the defendant's means.
He said Gerard McInerney was found to have €2,915 in cash and three cards in his possession when arrested.
Judge Cody asked the defence if there was an explanation. In reply, Mr McCarthy said his client had sold a car with the intention of buying another.
The solicitor added that his client lives in a caravan and is on social welfare. He added that he is aware of the implications of making a false declaration of means.
Judge Cody reserved a decision on legal aid pending the receipt of statements in respect of the three bank accounts from the accused for a period of two months before June 1.
The court was also told that Gerard McInerney intends to reside at Kilcruttin halting site. He was remanded on bail subject to conditions to July 20.
Three other defendants appeared in court in connection with the incident at SS Peter & Paul’s Cemetery on Sunday, May 31, which 3,000 people attended and where Sergeant O'Sullivan said “tensions were high”.
Armed gardaí were among a substantial garda presence at the court for the hearing, which was also attended by Portlaoise Garda Superintendent Brian Farrell.
Some of the details of what allegedly occurred emerged when Daniel McInerney, who had an address in the UK, appeared before the court.
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Sergeant O’Sullivan told the court that the accused, aged 31, was arrested at 1 pm at the cemetery in Belad, Portlaoise, under Section 15 of the Public Order Act 1994. He was charged at 6 pm that day.
Sergeant O’Sullivan gave an outline of the circumstances of the incident and the accused’s alleged role at the cemetery after Judge Cody asked if there was a bail application.
The judge was told that bail of €3,000 in cash is required when an individual is a UK resident.
Defending solicitor Mr McCarthy asked if this could be lowered as his client did not have the amount but is asking family to provide assistance as they are of limited means.
The judge took this as meaning the amount was not agreed and so asked Sergeant O’Sullivan for the facts to allow him to decide on what bail to set.
The sergeant told the court that the accused flew over for the Cemetery Mass. He said there was a large gathering of members of the public and the Travelling community at the Mass. He estimated that 3,000 attended.
The court heard that the accused was at a graveside with a large number of other members of the Traveller community. He said “tensions were high” and there was a large Garda presence.
The sergeant alleged that Daniel McInerney was “quite aggressive” and “instigated a physical altercation” involving Travellers. He said some have yet to be identified.
The court heard that the accused was forcibly removed by gardaí to “quell the situation”, but matters then spilt over into the cemetery.
The sergeant also claimed that before the altercation, it was overheard that the accused was “brought over for a reason”. He told the court that his opinion was that Daniel McInerney was there “for the purpose of instigating violence”.
Mr McCarthy asked the judge to take into account that people “often lie” about living in the UK, but his client “was frank”. He also said the accused came to Portlaoise to pay his respects with his family.
Conditions of bail included having no contact with the co-accused in the case and staying out of Portlaoise.
The judge decided to grant bail on his own bond of €600, lodging €300 with an independent surety of €2,700 in cash. He was released when bail conditions were granted after the cash was lodged during the hearing.
Sergeant O’Sullivan told the court that the accused had three Visa debit cards when arrested, two from Irish banks and one from a UK bank.
On foot of this evidence, Judge Cody reserved his decision on the granting of legal aid pending the receipt of statements in respect of the three bank accounts from the accused for a period of two months before June 1.
Daniel McInerney is due to appear again on July 20.
The other two accused were two 17-year-old juveniles and Garda Mark Shine told the court one was arrested at 1.05 pm at SS Peter & Paul’s Cemetery under Section 15 of the Public Order Act.
The accused was taken to Abbeyleix Garda Station, where he was charged at 5.40pm with affray. He made no reply on caution.
Garda Shine asked that an additional bail condition be included, which was that the teenager remain indoors under curfew from 10 pm and 6 am.
Mr McCarthy also appeared for this youth and said his client had never been before the courts and requested that the condition be relaxed in due course if the accused shows compliance.
Judge Cody remanded the juvenile on bail to July 20 for an appearance at Portlaoise District Court for DPP directions. Legal aid was granted without objection.
Sergeant O’Sullivan gave evidence in relation to the second youth before the court and Judge Cody heard he was charged at 6.21 pm on May 31. The charge related to affray at the cemetery.
On the suggestion of the accused’s counsel due to the substantial garda presence, Judge Cody remanded him on bail to appear on July 23 this year. Legal aid was granted.
(Funded by the Courts Reporting Scheme)