This article is from page 32 of the 2009-12-22 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 32 JPG
A KILRUSH solicitor has expressed concern that a bench warrant was left “hanging around” a garda station for more than four months before being CLARO B
However, gardai say that the war- rant was executed as soon as it be- come known that it was still in exist- ence.
The comments were made in the case of Patrick Hall (23), of Craw- ford Street, Kilrush, who is accused of urinating in public at O’Curry Street, Kilkee, on June | last.
Garda Keith Hughes told Kilrush District Court on Wednesday that he executed a bench warrant by ar- resting the defendant the previous evening in Kilrush.
Defending solicitor Eugene O’ Kelly asked the garda had he been ap- proached by the accused on a number of occasions in relation to the bench warrant. Gda Hughes said the ac- cused has asked him if there were any pending cases against him.
Mr O’Kelly said his client was granted temporary release from Lim- erick prison on November 3 last and subsequently approached the garda and asked him if there were any out- standing matters.
The garda said he encountered the accused in mid-November when “there was no discussion about a warrant. There was a discussion about pending cases.”
Mr O’Kelly put it to the garda that the accused was in court on Novem- ber 8 last. The garda said he was not Sure at that time if the warrant had been executed.
Mr O’Kelly asked the garda, “Is there something about the impending approach of Christmas to do with the warrant being executed now?” The garda said there wasn’t and Superin- tendent Michael Comyns, prosecut- ing, said gardai were not objecting to bail being granted to the accused.
Mr O’Kelly said his client “wanted to clear the decks. I am satisfied Mr Hall has turned a corner. He wants to get on with his life. It’s very unfair that a warrant that has been hanging around the garda station since July is now being executed on the eve of Christmas.”
Supt Comyns said the bench war- rant was issued in July at the time warrants were issued in the circuit court. When Mr Hall presented him- self, the circuit court warrants were executed and Garda Hughes was not aware if the district court bench war- rant had been executed.
He said that Gda Hughes then made enquiries and last week’s district court was the first sitting since No- vember 8 and he executed the bench warrant in advance of the court.
Judge Joseph Mangan adjourned the case until next month and the ac- cused was granted bail.