'I just panicked and I ran': Limerick man accused of escaping custody refused bail

A MAN who is accused of escaping garda custody earlier this week has claimed he “panicked” as he was “anxious” to attend an important family event this weekend, Limerick District Court has heard.

Niall Whelan, aged 22, of O’Malley Park in Limerick city, appeared before Judge Patricia Harney to face charges of assault causing harm and escape from lawful custody.

He was remanded in custody and has been refused bail.

Mr Whelan’s solicitor, Tom Kiely, made a bail application on behalf of his client.

Opposing this, Garda Bojan Klaric told Judge Harney that he feared the accused could commit serious offences and not turn up for court if granted bail.

He alleged that on August 11, an assault took place at a property in Cappamore. The complainant was found to have a broken jaw and wrist bone, among other injuries.

It was heard that on this evening, the accused, complainant and another man were drinking in Arthur’s Quay Park in the city before making their way to the County Limerick village.

The court heard that it is alleged all three men took drugs and a dispute later broke out regarding one of their ex-partners.

Garda Klaric claimed that Mr Whelan and the second man then struck the alleged victim in, what was described as, a 20-minute ordeal, with a “blunt object.” He was also allegedly thrown into a shower door and threatened, the court heard.

It is further alleged that Mr Whelan and the other man took the complainant’s clothing, phone and jewellery.

A search was later carried out in regards to this, at the location of the alleged assault in Cappamore. Garda Klaric confirmed that bloodstained clothing and other items were found.

The garda said the alleged victim in this incident provided a “highly credible” statement to authorities and it was his view that the injuries sustained could only be from an assault.

Upon making these discoveries, Niall Whelan was identified as a suspect and charged on Monday. Following this, he was scheduled to appear before Newcastle West District Court on Tuesday.

Judge Harney was informed that as he was waiting for his case to be called, he requested to use the restroom.

He then allegedly escaped custody by exiting through a window in the bathroom.

It is understood that a search then took place in Newcastle West for Mr Whelan, involving a helicopter and a number of gardaí.

On the evening of Tuesday, September 22, the accused was arrested in the O’Malley Park area of Limerick city.

The arrest took place just before 6pm and Mr Whelan was conveyed to Bruff Garda Station.

Representing the accused, solicitor Tom Kiely said his client would abide by any bail conditions imposed and presented two separate addresses to the court, where Mr Whelan could potentially reside.

It was Mr Kiely’s view that the alleged escape from lawful custody occurred as the defendant was “anxious” to be present for his daughter’s upcoming birthday and christening.

The 22-year-old, who remained handcuffed throughout the hearing, was escorted to the stand by a member of An Garda Síochána this Wednesday to give evidence in relation to this.

“I just panicked and I ran,” Mr Whelan told the court, further stating that he did not want to miss “two very important dates in our lives.”

Garda Klaric informed the judge that both charges Mr Whelan is facing carry potential sentences of up to 10 years’ imprisonment each.

He stated to the court that no conditions imposed would ease their concerns.

Taking all submissions into account, Judge Patricia Harney said Garda Klaric’s evidence was “well-founded” and accepted his account. She refused Mr Whelan bail.

Niall Whelan was remanded in custody and will next appear before Limerick District Court on September 29.

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