Laois man accused of setting fire to car refused bail
Portlaoise Courthouse
A MAN accused of setting fire to a car, causing damage so extensive that it was deemed a write-off, was refused bail when he appeared before Portlaoise District Court last week.
Eric Nicholson, Oak Drive, Ballacollig, Mountmellick was before the court charged with burglary on 17 February at Elm Court, Ballacollig, Mountmellick and with arson and to possessing a two-prong table fork at Old Mill Avenue, Portlaoise on 10 October.
At the outset of the case, Det Garda Slevin said that he was objecting to bail being granted, while solicitor for the defendant Josphine Fitzpatrick said she was applying for bail.
Outlining a summary of the evidence, Det Slevin said that on 10 October at 7.45am, gardaí responded to a call about a Nissan Micra being set on fire, causing €2,000 worth of damage to it.
He said CCTV footage from the area allegedly identified Mr Nicholson. He said that later that morning Mr Nicholson allegedly attempted to discard a two-prong fork he had hidden on his person.
Regarding the alleged burglary, Det Slevin said that Mr Nicholason and another man allegedly went into a house in Elm Crescent and took a set of car keys. He said the injured party identified Mr Nicholson as being one of the alleged persons. He said the car was later found, but not the car keys.
Det Slevin said that Mr Nicholson, whom he said was a heavy cocaine user, was allegedly acting suspiciously in the area at the time of the car fire and allegedly left the scene by taxi.
He said he believed if the defendant was granted bail that he would commit further offences, attempt to intimidate witnesses in the case or try to destroy evidence.
Det Slevin claimed that during an interview with the defendant “he lunged across a table in an effort to destroy evidence on a mobile phone.” CCTV footage from a garage, an area around Old Mill, and dashcam footage from a taxi was played to the court.
CCTV footage showed a taxi pulling into the Applegreen service station on Dublin Road. A person exits from the passenger side and goes into the shop. In the shop, it shows a man allegedly purchasing a cigarette lighter, leave the shop and get back into the taxi.
Dashcam footage from inside the taxi shows the taxi driver and a man drive to Old Mill car park, where the man alights from the car telling the taxi driver to wait for him.
CCTV footage from the area shows a man climb a wall and into the Old Mill apartment complex car park and make his way to a car, which is later seen bellowing smoke, and the man climb back onto the wall and back into the taxi.
Flames are then seen coming from the car.
Dashcam footage, again from inside the taxi, sees the taximan and the man driving to the Mountrath Road, where the man exits, allegedly saying to the taxi driver “you seen nothing.” Ms Fitzpatrick said the reason why Mr Nicholson had the fork on his person when gardaí searched him was because “he instructs me that he was out to dinner with a friend the night before.” Det Slevin said that Mr Nicholson did not tell him why he had the fork during interviews and that it was found “down the back of his trousers and he tried to discard it.” Ms Fitzpatrick said that gardaí had no witnesses in court and the only evidence gardaí are relying on in the bail hearing is CCTV and dashcam footage.
Det Slevin said he had witness statements with him in court.
Ms Fitzpatrick said the video footage from the service station forecourt is from a distance and does not identify her client and that there is insufficient evidence to deny bail to her client.
She said that Mr Nicholson “enjoys the presumption of innocence. He lives with his mother. His girlfriend said she would stand as the independent bails’ person for him. He has secured a residential placement in Cluan Mhuire (rehab) and is going there on 25 October. I suggest that stringent conditions would suffice for him to be released on bail.” Det Slevin said he would not be satisfied with bail conditions being imposed.
Judge Tom Mac Sharry said he was refusing bail. He said the court views the allegations as extremely serious.
He went on to remand Mr Nicholson in custody to the 19 October sitting of Portlaoise District Court, when the case will be conducted via video link and assigned free legal aid to Ms Fitzpatrick.
