Man charged with assault in Kildare seeks bail
Photo for illustrative purposes only
A MAN who has been in custody since 1 June for an alleged assault in Maynooth, had a moot hearing about whether he might get High Court or District Court bail, as he had been jailed in the interim for four months for his latest public order conviction.
Appearing before visiting judge Michael Connellan from the dock last week (6 August) in Naas District Court was Shane Mulligan (34), from Ballinakill, Enfield who has been in custody since his arrest for an alleged assault at Tagadoo, Maynooth on 1 June.
However, when Sergeant Dave Hanrahan told visiting Judge Connellan that this was not yet complete and that he sought a further two weeks’ remand for Mr Mulligan for the state to get a book of evidence finished, the judge turned to defending solicitor David Powderley.
After a brief consultation with his client in the dock, Mr Powderley told Judge Connellan that: “this is due before the High Court next Wednesday (12 August - for a bail appeal), so it won’t clash with the district court (13 August) for the book of evidence”.
“So a remand in custody with consent is well within the limit (allowed by law)?” Judge Connellan formally asked.
“Oh, yes!” said Mr Powderley, as his client was taken away to return to custody.
However, the proceedings this week will have little impact on his liberty as Mr Mulligan was sentenced to four months in prison on 29 June for threatening and abusive behaviour, and being drunk in a public place.
At his last appearance on the assault charge on 8 July, Judge Zaidan commended Mulligan’s legal knowledge after he argued clearly to strike the case out in the continuing absence of legal aid.
The judge had used his case as an example that “75 per cent of the adjournments in this court” were the fault of the state, and not solicitors protesting legal aid charges, as is being widely suggested”.
Mr Mulligan had then asked: “can you mark it pre-emptory?” (meaning no further adjournments).
“If I had two weeks (adjournment) I’d mark it pre-emptory,” offered the then sergeant Mary Meade.
“You’ve had six weeks already,” remarked Mr Mulligan.
“I’m on remand on these (charges) and it’s affecting my recovery. Can’t you mark it pre-emptory?” he asked again.
“In fairness, Mr Mulligan, there are solicitors in Cork resigning now, maybe you should throw your hat in the ring?” offered the judge, which got a chuckle from the defendant.
“To be fair, though he has a bit of a point,” said the judge to the sergeant.
“So, to move the (court) list, I will no longer issue bench warrants in this court, I will just deal with it in their absence,” he said, before grudgingly granting the state a further adjournment of one week, which Mr Mulligan must serve on remand.
“I have no choice. I have to do it,” he said on the screen.
