Judge queries man’s ‘bog-standard’ excuse for not attending Garda station

July 19, 2024

A man has told a Judge that he could not attend a Garda station to sign his bail because he was too busy working in the bog.

Martin O’Hara, who faces a spate of theft charges, failed to sign on at Ballyshannon Garda Station on 29 occasions.

The 38-year-old was before Letterkenny District Court on Thursday with An Garda Síochána applying to have his bail revoked and O’Hara remanded in custody.

The accused has been barred from entering the Letterkenny Garda District and was granted bail on strict conditions.

The court heard that O’Hara, who is due to sign on three times a week at Ballyshannon Garda Station, has missed signing on 29 times since April.

Judge Éiteáin Cunningham granted bail to O’Hara, but warned him that the matter will be kept under very close monitoring and he faces a spell in custody if he is found in breach of conditions again.

Detective Garda Shonagh Rowley told the court that she met O’Hara by arrangement on Thursday morning and brought him to court.

Detective Garda Rowley said she was applying for O’Hara’s bail to be revoked.

Solicitor for O’Hara, Mr Rory O’Brien said his client’s instruction was that he was in the bog and not in a position to sign on.

Mr O’Brien said O’Hara now has employment for the first time in a “considerable number of years” and he is “finally putting a right step forward”.

O’Hara took to the witness box and said he held his hands up. He told Judge Cunningham that he was “trying to better my life” and was not seeking to make excuses for not signing on.

O’Hara said he was working in the bog and also doing some painting.

“I do a bit of everything,” O’Hara said. “A jack of all trades and a master of none.”

He said that he was homeless, has been sleeping in a van, but has been working since April, which is his first employment since the early 2000s.

Mr O’Brien asked Judge Cunningham to give O’Hara “one last and final chance and to reset the bar in terms of his bail”. A letter speaking highly of O’Hara was shown to gardai.

Sergeant Maurice Doyle asked O’Hara why he did not apply to vary his bail conditions when he last appeared in court.

“That was my downfall,” said O’Hara, who admitted that he made a mistake in not telling his solicitor about his employment at an earlier date.

Sergeant Doyle put it to O’Hara that he had shown a “blatant disregard for bail conditions” and the defendant said he was “begging” the Judge for one more chance.

Judge Cunningham said it was concerning that there were 29 alleged breaches of the condition and said: “When the court considers bail, it does so on condition that they are adhered to rigorously.”

Judge Cunningham said on the basis that there did seem to be some form of rehabilitation in place, she would afford “one final opportunity” to O’Hara.

“I want to be extremely clear that the court will keep this under strict monitoring to ensure there is not one deviation,” Judge Cunningham said.

Earlier this year, O’Hara was ordered to stay out of the Letterkenny Garda District – apart from pre-arranged legal appointments or to attend court – after being charged in connection with a spate of thefts in east Donegal.

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