‘Making a laugh of bail laws’
Judge’s anger after man is bailed twice in two days
A MAN granted bail following a drink-driving charge was arrested on another matter a day later – yet was again granted bail.
A judge yesterday spoke out about the incident and said it was ‘making a laugh of the bail laws’.
Judge Patrick Durcan queried why the man was let out on station bail having been charged with a new offence less than 24 hours after receiving court bail at Kilrush District Court in Co. Clare.
In the case, the 29-year-old Kilrush man – who can’t be named for legal reasons – was arrested on a drinkdriving charge on February 22, and was remanded on bail to appear in court at a later date.
However, in the early hours of February 23, gardaí detected the man wearing a white boiler suit and orange rubber gloves, and with a mobile phone with a torch on it, at Turret Lane, Kilrush.
He was brought to Kilrush Garda Station but released on station bail. Arising from the ‘boiler suit’ incident, the man is charged with wearing the white boiler suit, gloves and phone with the intention for them to be used in the course of a theft.
In response to Judge Durcan’s query on the case, Inspector Paul Slattery told the court that the fresh alleged offence occurred in the early hours of February 23, and that the only explanation for the man’s release on station bail was that the system may not have been updated at that stage to record the man being granted bail from the previous day and the conditions attached.
Judge Durcan said: ‘I am very unhappy with remanding this man on continuing bail, Inspector.’
He added: ‘There are serious matters before this court and while he is released on a bail bond, there are now further serious matters... it doesn’t make sense.’ Inspector Slattery agreed. Judge Durcan said: ‘As a matter of practice it is bringing the whole administration of justice into disrepute.’
He added: ‘Unfortunately, for some peculiar reason, whereas some members of the gardaí are criticised by the public and the media for many matters, and very unfairly in a great number of instances, the judiciary come in for criticism for a perceived laxity in relation to bail.’
Seeming to refer to the Irish Daily Mail’s campaign on bail laws, the judge went on: ‘One particular prominent national newspaper takes this up on a regular basis both by way of news items and context of editorials, and district court judges are criticised by way of perceived inconsistencies and their perceived laxity in relation to bail.’
Speaking about the 29-year-old man’s case, Judge Durcan said: ‘I am very unhappy with regard to this matter. I am not going to remand this man further on bail. I am going to strike the case out and it is a matter for the State to take whatever steps they want from this point.’
It remains open to the State to bring a fresh theft-related charge against the man. The man is contesting the separate drink-driving charge, and Judge Durcan adjourned that case for hearing.
‘It doesn’t make sense’
THIS newspaper has consistently highlighted the inconsistencies in the granting of bail by district court judges.
In Kilrush yesterday, Judge Patrick Durcan seemingly referred to our Call This Justice? campaign when dealing with the case of a man released on court bail following a drink-driving charge. The next day, the man was found wearing white overalls and rubber gloves and carrying a mobile phone with the torch switched on. Even though the officers believed he was in the process of carrying out a theft, he was released on station bail, which the judge said was ‘making a laugh of the bail laws’.
He also pointed out that while district court judges are often singled out, they clearly are not the only people who can grant bail, as was the case here. While noting that point, we agree wholeheartedly with his clear acceptance of the fact that our bail laws often are laughable. Our concern is with the entirety of the system, and not just one facet of it.