‘Appalled’ judge throws out bail agreement

A district court judge told a court yesterday he was “absolutely appalled” that gardaí reached agreement for bail for a man who had committed 18 offences while on bail previously.

At Ennis District Court, Judge Patrick Durcan made his comment when he threw out a bail agreement reached between gardaí and solicitor Stiofán Fitzpatrick for the 30-year-old Co Clare man, and refused bail to the accused.

The accused is before the court in relation to three alleged robberies carried out on two male victims and one female victim concerning amounts ranging from €20 to €70 in east Clare last June and July.

The court was told that the DPP has directed that the cases are to go forward to the circuit court on indictment.

In the circuit court, penalties for robbery include terms up to life imprisonment.

Solicitor for the accused, Mr Fitzpatrick told Judge Durcan he had reached agreement with the gardaí for bail for his client, subject to seven conditions.

They include that the accused reside at an address in east Clare; obey a curfew between 10pm and 7am each day; sign on at Shannon Garda Station three times a week; remain sober; stay out of an east Clare village, and have no contact with the alleged victims.

However, in response to questions from Judge Durcan, gardaí told the court the accused has 18 previous convictions committed while on bail and has had 11 bench warrants issued for his arrest when he failed to turn up to court while on bail.

In reply, Judge Durcan said that courts are coming under pressure because people are committing crime while on bail.

He said: “I am absolutely appalled that the State has agreed to bail with any conditions in this case.”

He added: “This court isn’t merely a rubber stamp and I am not going to grant bail where we have a history of 18 previous offences committed while on bail and 11 bench warrants.”

Judge Durcan added if he is to be any way committed to the judicial oath he gave in the Supreme Court, “I can’t grant bail and I don’t grant bail. I refuse bail and remand the accused in custody to next Wednesday.”

Judge Durcan said: “The sooner there is a little wake-up call and the sooner people realise that if you constantly breach bail to the extent that this man was, you won’t get bail.”

In reply, Mr Fitzpatrick said: “The breaches of bail are historic.”

He added: “In relation to this set of circumstances, my client is innocent until proven guilty and is entitled to bail if it is available.”

Judge Durcan said his decision to refuse bail is based on the man having committed 18 offences on bail and breaching court requirements on 11 occasions.

The judge remanded the accused to appear before Ennis District Court by video link next Wednesday, February 1.