Laois man insists he was asleep when gardaí called to his home as part of his bail conditions
Portlaoise Courthouse
A LOCAL solicitor strenuously contested an application by gardaí to have her client’s bail revoked when the case was heard at Portlaoise District Court last week.
Lee Dargan, The Cottages, Harpur’s Lane, Portlaoise had previously been in court in June, where he pleaded guilty to the theft of €12 worth of Tyski beer from Aldi, Kylekiproe, Portlaoise on 27 April, Druid Cider from Dunne Stores, Mountmellick Road, Portlaoise on 7, 8 and 9 May, valued at €12.90 on each occasion, and to the theft of alcohol, again from the same Dunne Stores on 19 May, valued at €17.20.
The case had been adjourned to the 9 November sitting of the court for him to pay compensation, engage with the probation service, attend Athy Alternative Alcohol Awareness Programme and undergo a community service assessment. He was also ordered to stay away from both Aldi and Dunnes Stores.
Mr Dargan had been placed on strict bail with several conditions. These included that he resides at his home address and that he must be available to gardaí at all times and answer when they call to check that he is observing curfew hours.
Garda Garvey told Judge Tom MacSharry last week that he was applying to revoke Mr Dargan’s bail.
He said there had been ten breaches of the bail conditions since the case was before the court in June and that Mr Dargan was not present at his address when gardaí called.
Garda Garvey said that on 19 June at 12.25am and on 20 September 12.24am, he called to the house of the defendant, rang the doorbell and knocked on the door but got no reply.
Defending solicitor Josphine Fitzpatrick said that a bail condition was that her client reside at his home address and answer to the gardaí when they called. She said that her client was in the house but did not come to the door, adding: “My instructions are that he was in bed asleep and he was not roused. He and his father go to bed early.” Garda McDermott told of calling to the house on 3 September at 12.55am. He said he knocked on the door and window several times but that nobody answered and that “Lee Dargan didn’t come to the door.” “Mr Dargan was in the house,” asserted Ms Fitzpatrick.
“Bail conditions,” said Garda McDermot, “state that he is to be available to gardaí and to answer our calls.” Garda Cahill gave evidence of calling to the defendant’s home on 17 July at 11.25pm and again on 10 August at 12.30am. He said that the defendant “wasn’t present and didn’t make himself available on those dates.” Ms Fitzpatrick put it to Garda Cahill: “Would it be possible that he was in the house,” to which he replied: “I can’t say.” Judge MacSharry noted that gardaí had alleged ten breaches of bail conditions, but that evidence had only been provided on five.
Taking the stand and giving sworn evidence, Mr Dargan said: “I was at home on those nights and I have complied fully with all my bail conditions. One of the conditions is a curfew from 11pm to 7am and to answer the door and be available to gardaí. I accept I didn’t answer the door. I’m on prescribed Diazepam (sleeping tablets) and when I take them, I crash out.” Garda Sgt Kirby wanted to know whether the defendant had informed the courts at any time that that he was taking sleeping tablets?
“I didn’t think it was necessary,” said Mr Dargan.
Sgt Kirby said: “Gardaí were present at your house and you’re telling this court you didn’t hear them?” Mr Dargan replied: “My father goes to bed at about 8pm most nights and I go around 11pm.” “Is there a cat or a dog in your house,” asked Sgt Kirby, to which he replied: “No. I was there. I was on Diazepam. I won’t take it anymore and will answer the door. Every other night, I answered the door to them, about ten times. I was in the house at all times.” Ms Fitzpatrick said that her client had adhered to all other bail conditions and there was no evidence before the court that gardaí had seen Mr Dargan on the town.
Judge MacSharry said that Mr Dargan had told the court that he took Diazepam to help him sleep.
He went on to adjourn the application to 19 October to allow Mr Dargan obtain evidence from his doctor that he is prescribed Diazepam to assist him to sleep.
