Defendants denied bail
Two Dublin men charged with breaking into Lisgrey House Hotel, Virginia were remanded in custody following bail applications at Cavan District Court.
Jonathan Dunne (31) of 46 Dermot O'Dwyer House, Harwich Street Dublin 1D and Stephen Bollard (39) of 2 Carton Court, Poppintree, Ballymun, Dublin both faced a series of charges relating to the incident on May 19 last. The defendants face nine charges including: trespass, criminal damage, attempted theft of a motor vehicle and use of a Honda quad bike without the consent of its owner.
Garda Ivan O'Hara outlined to Judge Denis McLoughlin the two grounds for the State's objections to the bail application; the O'Callaghan principle and the serious nature of the offence. The O'Callaghan principles relates to a court ruling that means bail can only be denied if there is a likelihood that a defendant may not face trial or may interfere with witnesses before the trial.
Garda O'Hara said it's alleged that the at 5.15am on Wednesday, May 19 Mr Dunne and Mr Bollard entered the Lisgrey House Hotel as trespassers through a rear window, damaging the window a cigarette machine and internal fire door.
It was alleged that after leaving the hotel the intruders attempted to gain entry to two parked vehicles before going on to neighbouring properties. The officer said gardaí had CCTV footage from the hotel and witness statements from homeowners that identified the two defendants.
Garda O'Hara said the men were located on the Bailieborough Road at 7:50am.
Counsel for both defendants, Alan Fitzgerald BL, asked the garda if he was aware that Mr Dunne had a problem with drugs and was due to take up a place in the Tiglin Drug Treatment Centre in Wicklow. Mr Fitzgerald said his client's girlfriend is expecting a baby very soon and his mother is quite ill. The barrister said it had been a period of turbulence for Mr Dunne as his partner buried her mother a week and a half ago.
Mr Fitzgerald said his client would be willing to abide by the strictest of conditions and that, if granted bail, he would have a chance to deal with his addiction issues.
With regard to Mr Dunne's bail application Judge McLoughlin said the State met the criterion because of the serious nature of the evidence. He said although the defendant enjoys the presumption of innocence, he would have to deny the bail application. Mr Dunne will appear before Cavan District Court on May 25 by video link.
Treatment
When cross examining Garda O'Hara on the Stephen Bollard bail application Mr Fitzgerald asked if the officer was aware that his client was a known drug user. Garda O'Hara said he was.
Mr Fitzgerald explained that Mr Bollard lives with his sister, who is terminally ill, in Dublin. The barrister said the appellant's sister has less than six months to live. He said Mr Bollard was awaiting a place in a Fr Peter McVerry Trust treatment centre in Dublin and that his circumstances provided a strong incentive not to break any court imposed bail conditions.
After considering all the evidence given to the court Judge McLoughlin also refused this bail application and remanded Mr Bollard in custody to appear by video link from Castlerea Prison on May 25.