Man sent to Circuit Court on Offaly garda property damage charges

ALLEGED charges against a man of damaging garda property in Offaly have resulted in him being sent forward to Tullamore Circuit Court.

The man, who cannot be named by order of the court, appeared before Tullamore District Court where a book of evidence was served on him by Sandra Mahon, Offaly State Solicitor.

Ms Mahon told Judge Andrew Cody the DPP had consented for the 33-year-old to be returned to the Circuit Criminal Court on April 14 next on four charges.

Other charges, which allege dangerous driving by the man, will remain before the District Court and will be mentioned there on June 24 next.

The accused is on bail having spent a period in custody and among the bail conditions was a prohibition on him driving. Gardai had opposed the granting of bail.

The man's application to have the driving prohibition lifted was not granted when it first came before the District Court but on his most recent appearance Judge Cody did remove it, provided any driving by the accused take place on farmland where he works.

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Aisling Maloney, solicitor for the defendant, handed in maps to the court to show where the farm was.

A garda objected to the man being allowed to drive, saying it was alleged that a vehicle had been used by him in the commission of an offence.

Also, the boundary of the land in question was shared with the property of an alleged injured party.

The garda also said the application to allow the driving did not outline what vehicles or machinery would be driven.

Ms Maloney said only a tractor and a teleporter would be driven by her client and added that there had been no contact with the alleged injured party or adjoining landowners by the man. The garda accepted that.

Ms Maloney also said there was a stock-proof fence between the lands.

Judge Cody made an order restricting the man from driving, except for driving a tractor or teleporter on the land agreed with the gardai.

The man had been appearing before the court once a week following the granting of bail and the judge had been told that driving on the farmland would facilitate him being able to work, while also assisting with his mental health.

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”.

The governor of Cloverhill and a psychiatrist were called to Tullamore District Court and gave explanations 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.

The man is accused of damaging garda property, making threats to a relative and five counts of dangerous driving.

Legal aid was granted to him and Judge Cody assigned Ms Maloney as his solicitor, along with one counsel for the matters which will be before the Circuit Court.