Bail granted for man accused of damaging Offaly garda property

BAIL was granted at Tullamore District Court to a man who allegedly damaged garda property and made threats to a relative.

The 33-year-old, who cannot be named by order of the court, has been before Judge Andrew Cody on several occasions previously while on remand in prison.

He is one of a number of accused people with suspected mental health issues about whom concerns had been expressed in relation to their medical treatment in prison.

The man had been placed in custody in Cloverhill Prison on December 18 and subsequently Judge Cody said that though a medical report had been ordered “as a matter of extreme urgency”, a letter had been received saying he was “not on the case load of the prison”.

The man's defence counsel, David Nugent, BL, said his client had been ignored and described him as an example of people with mental health issues who were “picking up charges and being brought before the court”.

The case of the man, plus a number of others, prompted Judge Cody to order the governor of Cloverhill and a psychiatrist to appear before him where explanations were given about how prisoners were assessed by a GP and then referred on if necessary.

READ NEXT: Annual Offaly Canal Camino Walk for Self Help Africa to take place this Saturday

It subsequently emerged that a medical report on the man was available to the court and his own father said he had been assessed.

At the 33-year-old's most recent appearance on Wednesday (January 28) the court was told a new charge had been brought relating to an alleged threat by him to a relative and gardai objected to him being released on bail.

Judge Cody was also told that the DPP had directed that he must be indicted on some charges, meaning they could be brought before the Circuit Court, while others could be dealt with summarily in the District Court.

The gardai objected to bail on the seriousness of the charges of damaging garda property and a guard told Mr Nugent during cross examination that the accused man was “extremely volatile” when he interacted with him and it was accepted he had psychological issues which needed to be addressed.

Mr Nugent said the medical report before the court said “Nothing to see here” but a garda said the man was “possibly” going through some deep psychological stress.

Arguing the man could be admitted to bail, Mr Nugent said his family were happy to take him into their charge and he had written a letter of apology to the gardai.

The accused would also observe a curfew, surrender his passport and sign in at a garda station daily.

Sworn evidence was given by the man's father that he would abide by restrictions imposed by the court and he asked that his son be given a chance because what he had done was totally out of character.

The man's father said he would pay for a psychological assessment and counselling and there were extended family members who would help look after him.

Along with helping with the family business he had a job one day a week, the judge heard.

A relative of the defendant who opposed bail said in evidence that she would be “absolutely terrified” if he was released and said he had threatened to burn herself and others out of her home.

She stated that she could not see how someone like him could be reformed six weeks after he had made the threats.

In his own evidence the man said he would accept being put under what his counsel called a “very strict rein” if he was released.

He said being in prison was a sobering experience for him and if he was released he would seek the support of psychiatry and counselling services.

Replying to Sergeant Richard Thornton, he said he was on medication and assured him he would abide by bail conditions.

The accused was also questioned by Judge Cody and said his mental health was very bad when he was placed in custody.

He said he wished no ill will on the relatives who did not want him to be released and would stay away from the residence of the woman who had given evidence.

Judge Cody said that while the man had gone through a psychological episode it appeared to have subsided by the time the medical report was prepared and he now seemed improved.

He said he would remand the accused with consent to bail, from week to week, where the defendant's father had bound himself to a surety of €5,000.

A condition of the bail was that he reside with his parents, observe a curfew from 7pm to 7am, except on the day he was working, attend with HSE psychiatric services, undergo drugs tests and stay at least 500m away from the residence of the woman who had opposed him being granted bail.

The initial remand on some of the charges is to Wednesday, February 4 and other summary matters are due to be mentioned in court again on July 8.