Man faces murder charge, court told

THE High Court has heard that a man held in custody on a charge of false imprisonment is to be also charged with the murder of west Cork widow Anne Corcoran in January.

After an extensive two-week search, the body of Ms Corcoran, 60, was found buried in a shallow grave in the woods at Garrettstown near Kinsale on February 6 last.

Oliver Hayes, of Clancool Terrace, Bandon, who has been held in custody since last February, failed in a move in the High Court yesterday to secure his release on grounds that his continued remand in custody was in breach of his constitutional rights.

Counsel for the State, Ronan Kennedy SC, argued there was no delay involved and pointed out the DPP had given a direction that the accused be charged with murder. He rejected the suggestion that the false imprisonment charge had been brought on a holding basis, and said it in itself was a serious charge which carried a penalty of life imprisonment.

Blaise O’Carroll SC, for Mr Hayes, made the case that the continued detention of his client was in breach of his constitutional rights and he was in unlawful custody.

Mr Hayes was charged with false imprisonment of Ann Corcoran at Maulnaskimlahane, Bandon, on a date between January 19 and 21 last, and brought before Bandon District Court on February 6. Further remands took place and on April 15 he was further remanded until April 30.

At a District Court hearing early last month the court was told Mr Hayes was anxious to have the matter moved along and was prepared to plead guilty to false imprisonment or to sign a plea of guilty in order to move the case to the Circuit Criminal Court.

Mr Justice John Hedigan said the case arose out of a tragic situation and the woman had died in apparent violent circumstances.

The application before the judge was essentially refined to one of a delay issue. Mr Hayes had been charged on February 6 before the District Court with false imprisonment, and on April 9 the state solicitor had received the Garda file.

It seemed that the District Court had been very careful and had given very detailed consideration to the issue of delay, he said

He said District Justice McNulty had given careful consideration to the issue and the background involved and had been extremely careful in the matter and in adjourning the case to April 30 next.

Mr Justice Hedigan said he was rejecting the application for Mr Corcoran, as he held the District Court had exercised its function in considering carefully the situation on the delay issue. While there could not be any untoward delay in the prosecution of a case it was his view that the district judge dealt with the case in an exemplary manner.