Offaly man on bail applies for driving prohibition to be lifted

A PROHIBITION on an accused man from driving should be lifted so he can drive on farmland, Tullamore District Court heard.

A 33-year-old, who cannot be named by order of the court, is on bail accused of several offences, including dangerous driving, damaging garda property and making threats to a relative.

After being in custody from December 18 last, Judge Andrew Cody granted him bail on January 28 but among the bail conditions is a prohibition on him driving. Gardai had opposed the granting of bail.

David Nugent, BL, defending, sought a variation of the conditions so the man would be allowed to drive on farmland to better facilitate his work.

The accused is also on a curfew, must undergo drugs tests, must stay at least 500m away from a particular residence and must reside at an address agreed with the gardai.

The man is also being remanded to appear in court from week to week and when he appeared before Judge Susan Fay on Wednesday (February 4), Mr Nugent said his client was complying with all the bail conditions and had stuck rigidly to the prohibition from driving.

The barrister said he was applying for the prohibition from driving to be lifted on the farmland only for “a practicality reason” so the man would be able to work.

Judge Fay said that bail condition had been imposed by Judge Cody so she would leave a decision on it to him.

In the meantime, she ordered that a map or aerial photograph of the land holding, also showing the location of alleged offences, should be produced in court.

The judge remanded the accused on continuing bail to appear in court again on Wednesday, February 11.

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The man 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 in December 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”.

Mr Nugent told the court last month 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.

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

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 court was told on Wednesday (February 4) that a book of evidence is due to be served on February 18 next.