Kildare man charged with arson of own home appears in court

A SOLICITOR protesting legal aid reform argued valiantly for bail for his client charged with arson, but was ultimately in vain, as the defendant was sent back for a sixth week in custody.

Appearing by videolink in Naas District Court for a fifth time was Robert Kelly (46), presently of No Fixed Abode (NFA) but formerly with an address at Ottomy Avenue, Clane.

He is charged with reckless damage to property without lawful excuse – after he allegedly torched his own home on 26 May causing an estimated €100,000 worth of damage.

“All rooms were seriously damaged, (but) he made sure his neighbour wasn’t in before he started the fire,” noted Sergeant Dave Hanrahan.

“This was his own home,” noted defending solicitor Matt Byrne.

“We’re still awaiting directions (from the DPP),” said the sergeant.

“This is the fifth time this case has been listed,” noted Mr Byrne.

“Am I seeking to have the case adjourned? I am not, but this is the farcical nature of this case, when solicitors can get attacked in the street for not taking cases,” he lamented.

Mr Byrne was referring to the central push behind the present solicitor strike against changing legal aid payments. Judge Desmond Zaidan had last week suggested “75 per cent of delays in his court were the state’s fault”.

“Why are we still awaiting directions? This is a very straightforward matter,” said Mr Byrne.

“The file is complete,” said the sergeant.

“And since the file went in you’ve had no reply?” asked the judge.

“The file is only in (the DPPs’ office) for a few days,” he confirmed.

“If I was to continue (under the new rules after a fifth appearance) I’d be working for free, and I’m still negotiating with the circuit court,” he said.

“Thanks for making the effort,” noted the judge, before turning to the defendant on the big screen and asking: “Did you hear all that?” 

No,” he shouted, “I have an ear infection” said Mr Kelly to a some smiles in court.

“You couldn’t make it up,” said the judge with a smile.

“Mr Byrne is on strike, doing his best, and he hasn’t heard any of this,” remarked the judge, before reminding Mr Kelly: “The only reason you’re still in there is you cannot provide the state with an acceptable address (as a condition of bail).”

 At a previous hearing the court learned the property set alight was a house belonging to the county council, and so they, local AHBs, and hostels were all reluctant to re-house him in one of theirs.

“Mr Byrne wants this marked pre-emptory,” said the judge to the sergeant.

“Judge, to be fair, it is only five weeks,” pointed out the sergeant.

“I accept that,” agreed the judge, before remanding Mr Kelly back into custody until 16 July.

“This is what’s wrong with these new regulations, it will lead to every single adjournment being contested,” he opined.

“I’m not blaming you for this, the minister is acting on information given to him by civil servants,” said the judge.

“I will be asking for a strike-out next week if we don’t have directions,” warned Mr Byrne.

“Did you note that, Sergeant?” asked the judge.

“I did,” replied Sgt Harahan.