This article is from page 2 of the 2011-08-02 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 2 JPG
A 31-YEAR-OLD man has been charged with the false imprisonment and sexual assault of his partner over the weekend, in the Killaloe Garda District.
The accused, who cannot be named for legal reasons, is accused of falsely imprisoning and sexually assaulting a female, on July 30 last.
Garda Edel Crowley of Killaloe Garda Station told Ennis District Court yesterday that the accused was arrested on Sunday evening.
He did not reply when one of the charges was put to him.
In reply to the other charge, he said, “False imprisonment. Where did you get that from?”, Gda Crowley told the court.
Inspector Tom Kennedy said that gardaí were objecting to bail, on a number of grounds, including that the accused does not have a permanent address; the seriousness of the charges and that the accused may be at flight risk.
Defending solicitor Tony O’Malley said that his client was residing with the injured party.
“Matters have arisen which caused him to be charged with offences. He has been given accommodation with a friend,” said the solicitor.
“I don’t think there are any real grounds for him being at flight risk,” he added.
He said that while his client is not working at the moment, he had a good work record in the past.
Inspector Kennedy said, “He doesn’t have a place to live.
“The address put forward is a convenient address. . . That address isn’t a permanent address.”
“Based on the seriousness of the charges, one would have to be very fearful that he might leave the jurisdiction,” said Inspector Kennedy.
Judge Aeneas McCarthy said, “There is a Constitutional right to bail.
“The seriousness of the charge on its own is not grounds for refusing bail.
“It has been put to the court that he’s at flight risk. . .
“The difficulty the court has here is a permanent address. . . Unless the accused can provide a permanent address at which he can live, then I am afraid he has a difficulty.”
He adjourned the case until later this week and remanded the accused in custody.
He said he would revisit the bail application on the adjourned date, subject to a permanent address being provided.
“If he does provide a permanent address, the court is mindful of granting bail with an independent surety.”
The judge went on to say that this surety would be in the region of € 5,000. “I have in mind a surety of € 10,000, a half to be lodged.
“All that is subject to providing a permanent address to gardaí,” said the judge. Free legal aid was granted to the defendant.