Three men facing trespass charges

Three Carnew men accused of entering a vacant property and causing criminal damage to the tune of over €5,000 have appeared before Arklow District Court.

Niall Byrne of 13 Emmet Place, Noel Hogan of 28 Emmet Place and Liam Hogan of 28 Emmet Place are accused of trespass and criminal damage at 3 The Courtyard on March 22, 2016.

Property owner Paul Doyle told the court that a neighbour adjacent to his rental property notified him of ‘people inside’ on the day in question around 3 p.m.

He said he called the Gardaí and was told not to go near the property and to go up and board it up later on, which he went to do at approximately 7 p.m.

Mr Doyle said that when he went to board up the house, there were three people inside – Niall Byrne, Noel Hogan and Liam Hogan, all of whom were known to him and who were drinking and smoking.

The court heard that the front window and patio glass were broken and that the property was covered in faeces, urine and blood inside.

Evidence was also given that an ensuite toilet was broken, the floors were soiled and that there was damage done to the kitchen.

He said that he asked them to leave and that when they were on the way out, Noel Hogan threw a can of beer in his face and that Niall Byrne remained in the house until the Gardaí arrived.

He said that Byrne told him that he was not responsible for the damage to the property.

Mr Doyle’s son David was also present as he had accompanied his father to board up the property

David Doyle said that after the Hogan brothers fled, he remained downstairs with Niall Byrne. He said that Byrne picked up a mop and swung it at him. The younger Mr Doyle said that he put up his hands in self defence and the mop handle broke.

During the course of David Doyle’s evidence it came to light that gardaí from Waterford had attended the property at approximately 3 p.m. that day where they ‘removed a girl’.

Local Garda Chris Murray gave evidence that he found some of the property boarded up around that time and the court could not ascertain the purpose for the Waterford garda callout or clarification over what part of the property may have been boarded up. He said that there was no sign of anyone inside at around 3.30–4 p.m. when he checked it.

Defence solicitors for the three accused argued that the damage could have been carried out before they ever entered the house.

Paul Doyle said that he did not believe this was the case, as the neighour would have contacted him as soon as trespassers were noticed.

Judge David Kennedy expressed concern over this confusion and requested that the Waterford gardaí attend court to give evidence before completion of the case.

Separate charges against the defendants were also adjourned to the same court date, including charges against Niall Byrne for trespass and theft at Tombrean, Carnew, on September 16, 2016 and driving off without paying for petrol from Quik Pick Shillelagh on March 25, 2016.

Noel Hogan is also charged with possession of a flick knife and trespass at Tombrean, Carnew, on September 16, 2016 and Liam Hogan is charged with criminal damage at 28 Emmet Place, Carnew on March 30, 2016.