I JUST WANNA BE FREE
‘Flying Scot’ bolts for the door at Macroom Court
JUDGE HEARS THAT SCOTSMAN HAD ALREADY FLED FROM GARDA TRAFFIC CHECKPOINT
A SCOTSMAN who created mayhem when he tried to escape from court in Macroom last week has been further remanded in custody after he was charged with assaulting and resisting a garda.
James McCarney (aged 40), with an address at Branzeit, Balmore, Glasgow, made his third court appearance in the space of four days when he was brought before Bandon District Court on Friday, charged with two offences arising out of his last court appearance in Macroom.
Mr McCarney was charged with assault and resisting Garda Willie O’Donoghue in the execution of his duty at Macroom District Court on February 7 and with attempting to escape from garda custody, also at Macroom District Court on the same date.
Sgt Michael Kelleher gave evidence of arrest, charge and caution in relation to both charges and told Judge Mary Dorgan at Bandon District Court that Mr McCarney replied ‘I’m very sorry’ to both charges when they were put to him after caution.
He said the two charges arose as a result of Mr McCarney leaping out from the custody area and trying to escape out the door of Macroom courthouse only to be confronted by a number of gardai, including Garda O’Donoghue, who was shoved to the ground as he tried to restrain Mr McCarney.
Mr McCarney had been brought to Macroom District Court on two earlier charges of dangerous driving and driving without insurance at Toureen, Ballinhassig on February 6, after he had been arrested following a five kilometre pursuit by gardai when he took off from a checkpoint.
Last Friday at Bandon District Court, Mr McCarney’s solicitor, Eamon Fleming, confirmed that his client was pleading guilty to all four charges as he was anxious to have the cases disposed of as quickly as possible and he hoped to have all matters finalised on the day.
Insp Pat Meany said that while gardai were able to deal with the two traffic offences at Ballinhassig, they were not in a position to deal with the two charges from Macroom, as they were still awaiting directions from the DPP as to whether they should be heard at district court or circuit court level.
In those circumstances, Insp Meany said, he was seeking a short remand in custody but Mr Fleming said his client was applying for bail and he thought it most unfair to deprive his client of his liberty when he was willing to plead guilty to the offences and dispose of them promptly.
He said that his client, who imported furniture into Ireland, was willing to surrender his passport, reside at an address in Rossmore near Clonakilty, where had a 12 months lease on a property with his partner, and sign on twice daily at Clonakilty Garda Station in order to obtain bail.
He pointed out that gardai had impounded Mr McCarney’s 2007 Mercedes which was conservatively valued at €5,000 so they also had security and he further pointed out that Mr McCarney had apologised for his actions in Macroom courthouse,
But Insp Meany said that gardai were vehemently opposed to Mr McCarney getting bail as he had made desperate efforts to avoid capture or escape custody at both Ballinhassig and Macroom, and gardai feared he would not stand trial if not remanded in custody.
Insp Meany said that he would expect that if the court were to grant a short ‘remand in custody’ of a week, gardai would obtain the DPP’s instruction and be in a position to proceed with the case against Mr McCarney on all four charges on this Friday, February 16.
Judge Dorgan noted that Mr McCarney had fled from the checkpoint and driven for some 5km with two garda cars in pursuit, and other garda cars tasked to intercept him, while she herself had witnessed his attempt to escape in Macroom on Wednesday.
She refused him bail and remanded him in custody to Bandon District Court on February 16 but she indicated that she would allow Mr Fleming to make a fresh application for bail if the state had not got back the DPP’s directions and was unable to proceed this Friday.
Mr Fleming had earlier told the court that his client’s mother had told him her son suffers from a bi-polar condition but is in denial about it. Mr Fleming asked that Mr McCarney receive appropriate attention while on remand in prison. Judge Dorgan ordered he receive all appropriate medical attention.