The accused was charged at a vacation sitting of Limerick District Court with aggravated burglary and threatening to kill
A MAN broke into a home at 4am, took a bullet out of his pocket and told the occupant “if you say anything you will be shot”, a court has heard.
The accused - Gavin Hayes, aged 33, with an address at Blackboy Terrace, Blackboy Road, Mulgrave Street, Limerick city - appeared before Judge Fiona Brennan at a vacation sitting of Limerick District Court.
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Detective Garda Cathal MacGearailt gave evidence of arresting and charging Mr Hayes with aggravated burglary and threatening to kill at an apartment in Cecil Street in the early hours of June 8.
“He made no reply to both charges after caution. The DPP’s directions are for trial on indictment (the case to go forward to Limerick Circuit Court),” said Det Garda MacGearailt.
The court heard that Mr Hayes was previously charged with assault causing harm in relation to the same alleged incident.
Darach McCarthy, solicitor for Mr Hayes, made an application for bail, on behalf of his client.
Det Garda MacGearailt objected to bail being granted, on behalf of the State.
“It is my belief that if granted bail the accused will continue to commit further serious offences to feed his drug and alcohol habit,” he alleged.
The detective garda said that the alleged injured party received a knock on his door on Cecil Street, Limerick city at 4am on June 8.
Det Garda MacGearailt alleged that when the door was opened, Mr Hayes and a woman “forced their way in”.
The court heard that “where is the money” was allegedly shouted at the person residing in the property.
“The female produced a hammer and started ransacking the property. Mr Hayes took a bullet out of his jacket pocket and told the occupant if you say anything you will be shot.
“The female struck the injured party with the hammer. She gave the hammer to Mr Hayes who also hit the injured party with the hammer,” alleged Det Garda MacGearailt.
The court heard an iPhone, Huawei and Samsung phones, €55 in cash, replica Rolex watch, Visa card and a Pakistani passport were allegedly stolen.
Det Garda MacGearailt further alleged when they arrested Mr Hayes he was “wearing a replica Rolex watch” that had been taken in the aggravated burglary.
The detective garda alleged Mr Hayes told gardai he is addicted to cocaine and has an alcohol problem, consuming a litre of vodka a day.
Mr McCarthy said his client’s instructions are that the replica Rolex watch his client was wearing is his own wristwatch.
Det Garda MacGearailt said he showed the watch to the alleged injured party who “100% said it was his”.
Mr McCarthy said Mr Hayes’ instructions are that he has photographs of himself wearing the watch.
Mr McCarthy said his client is a father-of-four children, is welcome to reside at the address in Blackboy Terrace, or at an address in Shannon, and is in the early steps of dealing with his addiction.
Mr McCarthy said if granted bail Mr Hayes has instructed him he will abide by strict conditions.
Det Garda MacGearailt said he would not be happy with any conditions.
Judge Brennan said these are serious charges but “the presumption of innocence absolutely applies”.
The judge refused bail and remanded Mr Hayes in custody to appear in court on Tuesday, September 2.
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