A young man accused of a serious assault on a member of his family was told that Gardaí could not accept the address he provided — of what was described as a “drop-in house” in Tuam — as part of his bail application.
Calvin Tierney, Claddagh, Lavally, appeared via video-link from prison before Judge James Faughnan at Ballinasloe District Court. He is charged with assault causing harm to Sean Tierney, Claddagh, Lavally on August 8 last.
The issue of jurisdiction has yet to be decided. If convicted in the District Court, the defendant could face up to one year in prison and a fine of up to €2,500.
However, on reviewing the evidence and, in particular, the injuries allegedly suffered, the judge could decide it is too serious a matter for the District Court and move it on to be heard before the Circuit Criminal Court, where a sentence of up to 10 years could be imposed on conviction.
The Director of Public Prosecutions (DPP ) has yet to decide on a course of action, and Tierney was remanded to Loughrea District Court on October 14, when DPP instructions are expected.
Tierney informed the judge that he wished to apply for bail. However, prosecuting Garda Sgt Christy Brown told the judge that they were objecting to bail as the Gardaí were not satisfied with the address the defendant had provided, and there were also surety guarantees to be addressed.
Sgt Brown said the address of a “drop-in-house in Tuam” which Tierney had provided was not acceptable to them.
“You’ll have to come up with another address,” Judge Faughnan told him as the one he provided was not suitable.
Tierney enquired if he could apply for High Court bail using this address. The judge explained that he could only apply for bail from the High Court if his bail was refused at the District Court. But bail had not been refused, it can’t even be considered until he met the conditions outlined.
The defendant said he was availing of the services of a Dundalk-based solicitor and was advised to get her advice on his bail application.
Tierney will be transported from prison to appear in person before Loughrea District Court on October 14.
