This article is from page 16 of the 2013-03-05 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 16 JPG
FOUR people have been returned for trial for their alleged involvement in a public order disturbance at a roundabout in Ennis last year.
At Ennis District court on Wednesday, Books of Evidence were served on Bernard McDonagh Snr (45) Christopher McDonagh (38), Bernard McDonagh Jnr (22) and a 16year-old boy.
The four are facing charges arising out of an incident at the Maid of Erin Roundabout, Ennis on October 14 (2012).
Bernard McDonagh Jnr (22), with an address at 1 Ashline, Kilrush Road, Ennis is charged with possession of an article with intent to cause injury and the production of an article in the course of a dispute.
The teenager, who cannot be named for legal reasons, is charged with possession of a hatchet with intent to cause injuries to John Doherty, Martin Doherty and Jimmy Doherty. He is also charged with the production of a hatchet.
Christopher McDonagh, with an address at 1 Davitt Terrace, Cloughleigh, Ennis and Childers Road, Ennis, is charged with production of an iron bar and possession of an iron bar with intent to cause injury to John Doherty, Martin Doherty and Jimmy Doherty.
All three accused are also facing a charge of violent disorder arising out of the same incident.
Inspector Tom Kennedy told the court that the State were seeking an amendment to the wording of the charge of violent disorder against all three accused.
Insp Kennedy said the State wanted to replace the names of individuals contained in the charges with the phrase, “two or more persons.”
Solicitor for Bernie McDonagh Jnr and the teenager, Daragh Hassett, consented to the change.
Solicitor for Christopher McDonagh, Tara Godfrey, said she had been instructed to object to the amendment. She said the amended charge represented a “fundamental change in the allegation” against her client.
Insp Kennedy disagreed, saying it did not alter the substantive matter of the violent disorder charge.
Judge Patrick Durcan said he agreed with Insp Kennedy. He approved the amendment.
Garda Irene O’Flynn gave evidence of having served the Books of Evidence on all three accused.
Curfew for Bernie McDonagh Jnr was extended to 11pm. Legal aid was approved for solicitor Shiofra Hassett and one junior counsel.
In respect of the teenager, legal aid was approved for solicitor Joseph Considine and one junior counsel.
Legal aid was approved for Ms Godfrey and one junior counsel in respect of Christopher McDonagh.
The Book of Evidence was also served on Bernie McDonagh Snr.
Mr McDonagh, with an address at 1 Ashline, Kilrush Road, Ennis is charged with the assault of John Doherty.
He also faces three charges of criminal damage and one charge of dangerous driving.
It is further alleged that Bernard McDonagh Snr drove a vehicle in a dangerous and reckless manner, which created substantial risk of death or serious harm to another.
Bail was approved for Mr McDonagh on condition that he reside at Nashes Boreen, Cork City and report daily to a garda station.
Legal aid was approved for Daragh Hassett and one junior counsel.
All four accused were returned for trial to the current sittings of Ennis Circuit Criminal Court.