Men accused of pensioner Tom Niland's assault during 'horrific' burglary sent forward for trial

Tom Niland remains in a critical condition on life support at Sligo University Hospital since the alleged attack last January. File photo

Two Mayo men accused of assaulting West Sligo pensioner Tom Niland have been sent forward for trial.

John Irving (28) of Shanwar, Foxford, and Francis Harman (54) of Nephin Court, Killala Road, Ballina, were both served with books of evidence when they appeared in custody before Sligo District Court on Thursday.

They are charged with assault causing serious harm and the false imprisonment of the 74-year-old farmer as well as aggravated burglary with a knife at his home in Doonflynn, Skreen, west Sligo on 18 January.

Sergeant Keith Marren testified that he served both Irving and Harman with their respective books of evidence. Judge Sandra Murphy gave both men the formal alibi warning.

Judge Murphy assigned a junior and senior counsel and defence solicitor, Mr Edward Bradbury, on free legal aid for John Irving, noting the seriousness of the matter. She also assigned defence solicitor, Mr Peter Loftus, and a junior and senior counsel on free legal aid for Francis Harman.

Irving was sent forward for trial with consent to High Court bail to the next sitting of Sligo Circuit Criminal Court on 4 October at 10.30am. Harman, who has never sought High Court bail, was ordered to appear before Sligo Circuit Criminal Court on the same date.

A third accused, John Clarke (24) of Carrowkelly, Ballina, Co. Mayo, was also served with the book of evidence on the same three charges. Clarke and Irving had previously been granted High Court bail set at €11,500 in April but have remained in custody.

Clarke instructed his defence solicitor, Mr Mark Mullaney, on Thursday to make a fresh application for bail on different terms before he was sent forward for trial. 

However, because there was no Garda inspector present in court to object to Clarke’s new bail application, Judge Murphy adjourned his case for one week in order to allow a Garda inspector come to court. Sgt Butler indicated that Gardaí would be objecting to any change in Clarke’s bail conditions.

Clarke was then remanded in custody with consent to High Court bail to appear before Sligo District Court next Thursday, July 21, to be sent forward for trial.

Tom Niland remains in a critical condition on life support at Sligo University Hospital since the alleged attack last January. Four members of his family were present in court accompanied by a Garda Liaison Officer.