A DEFENDANT was ordered to be on the 14.15 City Link bus out of Galway bound for Dublin and not to return here unless by arrangement to visit his children or make court appearances.
This was part of the bail conditions imposed on John McDonagh who was arrested again hours after agreeing at a specially convened court on Sunday that he would get out of town, stay sober and not go near his partner’s address in the city. He faces a number of public order charges, including being abusive to Gardaí.
Gardaí objected strenuously to McDonagh getting bail when he was again brought before the Court on Monday, with Sgt Damien Prendergast arguing that the defendant had 29 bench warrants issued against him in the past and in addition had numerous convictions for failing to appear in Court. In total he had approximately 100 previous convictions, Judge Adrian Harris was told.
Gary McDonald BL argued that his client had about 300 court appearances and he had only taken bench warrants for approximately one-tenth of these.
McDonagh was brought before a special sitting of Galway Court on Sunday last and was granted bail on condition he leave the city but had come to Garda attention soon after and was re-arrested.
The defence pleaded that McDonagh would get the next bus to Dublin on Monday and reside with his mother at Carton Road, Poppintree, Ballymun.
However, Sgt Prendergast insisted that his bail record was so poor, that Gardaí believed he would not abide by or respect any conditions imposed.
Mr McDonald pleaded his client had a bus pass and promised he would use it as soon as he was released.
McDonagh produced the bus pass and pledged under oath that he would be on the bus out of town that afternoon and would only return to Galway for court appearances and to visit his children by arrangement.
Sgt Prendergast said the defendant was found within ten minutes’ walk of the address he was not supposed to be near but Mr McDonald argued that Galway was a small city and ten minutes’ walk covered a wide area.
The Court heard McDonagh had no passport or mobile phone but he agreed to get a phone so Gardaí could keep in contact with him.
Judge Harris said he would grant bail provided McDonagh was on the 16.15 City Link bus to Dublin that afternoon and promised not to come back to Galway city and county unless under agreed conditions. If he failed to comply again he would suffer the consequences the Judge warned.
Matters were adjourned until January 25 next.
