TWO men charged in connection with a stabbing and a serious assault that left a man in his 20s with a serious laceration to his back and several to his hands, appeared before Limerick District Court after Judge Tom O’Donnell had ordered that a “fresh bail application would be heard”. 20-year-old Mark Barry, with an address at Garryglass Avenue, Ballinacurra Weston, and 22-year-old Thomas O’Neill, originally from Lenihan Avenue, but with an address in Roscrea, were both refused bail at earlier sittings of the District Court and remanded in custody after Judge Tom O’Donnell heard evidence.
However, during the last two sittings of the court, where both Barry and O’Neill had appeared, Judge O’Donnell said that certain pieces of information that were given to the court were “misleading”.
Judge O’Donnell commented on the history of the case after hearing an objection to the two obtaining bail from detective Garda Garry Laide, on behalf of the State. He said that the three charges before the court in connection with Thomas O’Neill’s alleged involvement in the incident were “very serious”.
O’Neill is charged with Assault Causing Harm, possession of a Stanley knife, used to inflict injury.
He is also charged with threatening to kill a potential witness.
The matter first came before the court on January 6 last after it was alleged that a man was injured in a knife attack on December 30 of last year.
Judge O’Donnell added that the events of the case were most unusual, and that the State objected to bail on January 6 last, noting that a senior garda official told the court that the matter would proceed on trial on indictment under DPP directions and that a book of evidence would be served. However, four further adjournments in the case indicated to Judge O’Donnell that “no progress had been made,” and that Mr O’Neill “still enjoyed the presumption of innocence”. The State had objected to bail for both, noting the serious nature of the charges, and that it was the belief of the gardai that “threats could be made good” if the two were granted bail. Gardai also said that a new dispute had emerged in the Ballinacurra Weston area, and in a fresh development, several people were involved in serious crime. It was also added it was feared further serious acts of violence could be committed.
The gardai made it part of their application that evidence linked to the case would be provided by a key witness, the alleged injured party.
However, during the first bail application, the alleged injured man who had presented himself at court, subsequently fled after he stated that he was in fear of his life after alleged threats were made to him if he did not withdraw his statement to the gardai.
This provided Judge O’Donnell with what he said were “crossed messages”.
During the new bail application, the State had been “urged” to present the alleged injured party to court to give evidence in the bail hearing.
That happened last Thursday, but the State did not call him, and Sarah Ryan, solicitor for Thomas O’Neill, was not allowed to call the State’s witness to give evidence.
Judge O’Donnell noted this and also said that the court should not have been advised that the DPP had given initial directions as it emerged that in fact, a venue and the directions were still awaited from the Director of Public Prosecutions.
The State was “urged to find out what was going on in the case”.
Granting bail to Thomas O’Neill, Judge O’Donnell still noted that there were “serious allegations” before the court. He adjourned the matter of Thomas O’Neill until March 10 next, granting him bail on his own bond of €200 and an independent surety of €3,000, where that surety would be provided to gardai with 48 hour notice.
Conditions of bail included that Thomas O’Neill reside outside Limerick city at an address approved by the gardai, surrender his passport, sign on daily at a local garda station and obey a curfew.
The second man involved in the serious allegations before the court, 20-year-old Mark Barry, did not have his solicitor in court for the hearing due to illness, leading this matter to be adjourned until later this week.
Barry is charged with Assault Causing Harm and possession of a knife used to inflict injury.
Judge O’Donnell marked “time running” in the case, and urged the State to provide the directions of the DPP at the next sitting.
