This article is from page 4 of the 2013-03-26 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 4 JPG
TWO East Clare men alleged to have committed offences at Scariff Garda Station last week are due to make their second appearance in court tomorrow tomorrow.
Brian Moloney (34) and Neil Kelly (38) appeared before a sitting of Ennis District Court on Thursday having been charged in connection with offences allegedly committed in the hours between March 18 and March 19 at Scariff Garda Station.
It is alleged that Mr Moloney, with an address at Bohatch, Mountshannon, did cause criminal damage to two windows of Scariff Garda Sta- tion on March 18. Mr Kelly, also with an address at Bohatch Mounthshannon (separate residence), is charged with arson of a car owned by a female garda at Scariff Garda Station on March 19.
Garda Bernard Casey of Shannon Garda Station gave evidence of arrest charge and caution in respect of Mr Kelly.
He said Mr Kelly made no reply to charge after caution. Detective Garda John Mulvihill gave evidence of arrest, charge and caution in respect of Mr Moloney.
Det Mulvihill said the accused said he had “nothing to say” in response to charge after caution.
Inspector John O’Sullivan said the State strongly objected to bail in respect of both accused. He said that while the charges are different, the State would allege that the circumstances of the offence are the same.
He said it would be alleged that this alleged offence was a direct attempt to intimidate a young member of the gardaí from doing her job.
Insp O’Sullivan said the State opposed bail on two grounds: the nature of the alleged offence and the strength of the alleged evidence.
Defence solicitor for Mr Kelly, Eileen Whelan said her client would be willing to abide by strenuous bail conditions Mr Moloney was represented by solicitor Turlough Herbert. Mr Herbert said his client would also abide by any bail conditions set down by the Court.
Judge Patrick Durcan approved bail subject to a number of conditions.
Judge Durcan said the Court required an independent surety of € 3000 for each accused.
Both men were ordered to reside at named addresses, to sign on at garda stations in East Clare, be law abiding and to surrender their passports.
Judge Durcan directed that a letter be written to the Department of Foreign Affairs advising that both accused had surrendered their passports. Both men were remanded in custody with consent to bail to appear again at Ennis District Court on March 27.