Man given bail must stay out of Laois except for court 

A KILDARE man who had thanked Judge Andrew Cody for remanding him in custody last week pleaded with Judge Susan Fay at Portlaoise District Court to be released from custody.

Conor McMahon from Kilpatrick, Kildangan, Kildare was previously before the court charged with the theft of 12 bottles of Smirnoff Vodka valued at €364.99 and the theft of 24 bottles of Bulmers Cider costing €206.14 and having no insurance and driving licence at The Village Inn, Stradbally on 9 October. 

The 36-year-old was also charged with theft of four kegs of beer valued at €710 from the Rock Inn, Dublin Road, Portlaoise on 2 November.

Mr McMahon had asked Judge Cody at the earlier sitting. 

“Can you do something for bail to get me out (of custody) to see me kids before Christmas. All I want is to be out to see me kids. You done me a favour putting me in here to get me head together.” 

However, last week when his case was conducted by video link from Cloverhill Remand Prison Mr McMahon pleaded guilty the offences and told the court while in custody he has been “battered, f***in’ beaten and kicked.” 

When the accused appeared on the video-linked screen, the court clerk enquired whether he could see and hear the courtroom, to he replied: “I can only see with one eye.” Barrister Anne Doyle told Mr McMahon that she had been instructed to represent him in the case.

He replied: “I can see you with one eye, but I haven’t spoken with you. You don’t know what I want? All I want to find out is, how to get out on bail and how can I get out of here (Cloverhill).” 

Ms Doyle asked Judge Fay to put the case back for a second calling, so that she can consult with her client by phone and take full instructions on how he wants to proceed with the case.

Mr McMahon said: “Will I have to be in here for another week. I’ve been in prison for two weeks and I’ve lost the sight in my left eye.” 

Ms Doyle told him: “I will try my best to get you out. I’ll ring you and have a chat with you.” 

Just over an hour later Mr McMahon appeared again by video link from custody to hear the evidence in the case.

Garda Sergeant JJ Kirby laid out the facts, that had been set out above, and said the defendant carried out the first offence while driving a van and the second offence while driving a jaguar car.

He said Mr McMahon had 61 previous convictions.

Ms Doyle said that her client had not been in trouble with the law for 10 years but had relapsed and taken drugs and alcohol at the time, due to a break-down in his relationship with his partner.

She said: “He was homeless at the time and went on a bender.” 

Ms Doyle said while the accused was in custody “he lost his eye and hasn’t yet received medical attention to it. I’d ask that you’d consider imposing a non-custodial sentence to allow him to get himself together".

“He has suffered significantly as a result of his incarceration. Considering the time of the year, being Christmas, he is asking for an opportunity. 

"Given time will repay the loss to the businesses. He has also asked me to convey his apologies to the injured parties. He is desperate to get home to his children for Christmas.” 

Judge Fay said that she always considers imposing non-custodial sentences but was of the view that the offences committed by Mr McMahon were very serious.

Ms Doyle said that the defendant has “suffered a very serious shock while in custody,” with Mr McMahon adding: “I lost the sight in one of my eyes.” 

Sgt Kirby said that he would have concerns for businesses if the defendant was released on bail.

“Those people that he took from were just trying to run a business coming up to Christmas. They were caring for their families and trying to put bread on their tables,” he said.

Mr McMahon said: “I apologise to those people. Give me an opportunity and I will repay the money. I don’t want to be without my children at Christmas. I’m not making excuses for what I done. 

"I just want to do right by my children. Give me the strictest bail conditions you want. I’m pleading with you. All I want is to spend Christmas with them. I’ve been battered, f***in’ beaten and kicked in here.” 

Judge Fay remanded Mr McMahon on his own bail of €100 on condition that he stays out of County Laois except for court appearances, he attends Kildare Garda Station three times a week from 9am to 9pm, he undergoes a probation report, takes part in the Restorative Justice Programme and gathers up the full amount in compensation for the injured parties.

He was also instructed to be on good haviour and remain sober, obey a daily 8pm to 7am curfew, supply a mobile phone number to gardaí and be available to always take their calls and meet with them 15 minutes after they request him to do so.

She adjourned the case to 8 December saying “I want to keep an eye on this man and keep him before the court regularly,” and granted free legal aid to his counsel, Ms Doyle.

***Funded by the Court Reporting Scheme***