This article is from page 21 of the 2014-06-10 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 21 JPG
AN application to revoke the bail of a Limerick man accused of breaking into a house in Ennis has been refused. However Judge Patrick Durcan warned Gerard Gammell (22) that he must continue to abide by the terms of his bail.
At Ennis District Court last week, gardaí sought to revoke the bail granted to Mr Gammell in April.
Mr Gammell, with an address at Ivy Home, Barrack Street, Ennis, is one of two people accused of entering a home at Glenview Road Cappahard, Tulla Road, as a trespasser and committing theft therein on April 12.
Mr Gammell’s co-accused had his bail revoked in April after a Judge found he had breached the terms of his bail.
On Wednesday, Inspector Tom Kennedy said the new application related to an alleged breach of Mr Gammell’s curfew. The accused was granted bail in April subject to a number of conditions including the observation of a curfew between 10pm and 7am.
Garda David Hannan told the court he called to Mr Gammell’s home at 11.20pm on May 18. He said he knocked on the door and received no response.
Insp Kennedy told Judge Durcan that under the terms of bail Mr Gammell has to make himself available for inspection to gardaí during curfew hours.
Mr Gammell told the court he was at home when Garda Hannan called. He said he was asleep after taking medication that helps him sleep.
“I was asleep that night. I was on cloud nine that night”, he said.
Mr Gammell claimed gardaí are calling to his home on a daily basis.
The court heard Mr Gammell was at home on other nights when gardaí called during curfew hours.
Judge Durcan asked Insp Kennedy if a daily level of vigilance, as outlined by Mr Gammell, was not coun- terproductive in terms of ensuring people on bail abide by conditions.
Insp Kennedy said it was unlikely inspections are carried out on a daily basis. But he said gardaí in Clare are maintaining a high level of vigilance on accused persons released on bail.
“It wasn’t too long ago that we were being abused for not enforcing bail conditions but you can see there has been a sea-change”, he added.
Judge Durcan said he was refusing the State’s application to revoke bail. He told Mr Gammell he must continue to abide by his bail conditions.
He remanded the accused on continuing bail to appear again at Ennis District Court tomorrow, June 18.