This article is from page 6 of the 2012-04-03 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 6 JPG
A JUDGE has refused jurisdiction in the case of two Cork men who were allegedly in possession of machetes and stab proof vests at a funeral at Drumncliff graveyard last week.
Bernie McDonagh (27) and Peter McDonagh (19), both with address at Nashes Boreen, Knocknaheeney, Cork are charged with having machetes which had a blade or which was sharply pointed contrary to the firearms and offensive weapons act.
Both men appeared at Ennis District Court on Tuesday. Detective Garda, Dominic Regan of Ennis Garda Station gave evidence of arrest charge and caution.
He told the court that he arrested Bernie McDonagh at Drumcliff Cemetery on Sunday March 25. Detective Regan said that after being cautioned, Bernie McDonagh said, “I didn’t have a machete.”
Both men were released on bail from Ennis Garda Station to appear in court last Tuesday.
After both men initially failed to appear in court, Judge Patrick Durcan issued bench warrants for their arrest. Solicitor Tara Godfrey ex- plained that her clients had agreed to show up later in court to avoid any “emotiveness” with the other side of an alleged dispute.
Judge Durcan said the court does not run “an a-la-carte menu.” “You’re here when you’re obliged to be here,” he added. Judge Durcan later vacated the warrants. The court heard that Gardai arrested both men after they were observed attending a funeral at Drumcliff graveyard last week.
Ms Godfrey said both her clients would “strongly” and “vigorously” dispute having the items in their possession. Detective Regan said both men were also wearing stab proof vests at the time. He said Gardaí believed that a “serious incident was about to occur.”
Saying he was not happy to deal with the matter in the district court, Judge Durcan refused jurisdiction.
Ms Godfrey requested that the vests be returned to her clients, who she said accepted they wore them at the graveyard. Judge Durcan stated that as he had refused jursdiction, he was making no more orders on the case.
He remanded both men on continuing bail to appear again in court on April 24.