Armed gardaí in Cork rushed to a hospital grounds in Glanmire, Cork and found a man carrying an axe on Tuesday afternoon, and yesterday the man’s solicitor claimed the accused was not properly before the court,.
Joseph Cuddigan claimed Michael McDonagh (aged 25) of An Sruthain, Castlebar, Co Mayo, was in effect arrested twice and because of what he termed “an arrest on an arrest” was not properly before the court.
Garda Laura O’Connor said she went to the grounds of St Stephen’s Hospital, Sarsfield Court, Glanmire, in response to a call from the Garda control room at Anglesea St.
Garda O’Connor arrived and found armed gardaí from the emergency response unit were already present.
One of those officers had handcuffed Mr McDonagh because the accused had been allegedly carrying an axe.
Mr Cuddigan submitted that at the time Garda O’Connor arrested the defendant he had been arrested already and was therefore not properly before the court.
Insp John Deasy said there was no evidence of a member of the emergency response unit arresting him. Judge Marie Keane agreed.
Mr Cuddigan called his client who then testified that a member of the emergency response unit told him to drop the axe and get on the ground. He said he did as he was told and his hands were cuffed behind his back.
Mr McDonagh said the only person who told him he was under arrest was Garda O’Connor.
Judge Keane said the accused was properly before the court. Gardaí had no objection to the accused being remanded on bail provided he stayed away from certain named people and stayed out of Co Cork.
He was remanded on bail until October 19 for directions from the DPP.