Judge Mary Larkin went along with the strong objection to bail made by the gardai
A MAN who is charged in connection with a burglary in Askeaton during which a safe was taken from a shop was refused bail following a strong garda objection.
Michael Harty, 35, who has an address at Rossmanagher Road, Sixmilebridge, County Clare appeared before Newcastle West Court after he was charged in connection the break-in which occurred during the early hours of May 3, 2018.
In addition to burglary and criminal damage charges, the defendant is also accused of being a passenger in a stolen car which gardai believe was used during the break in.
Opposing a bail application, Detective Sergeant Mike Reidy said it will be alleged the defendant was one of four masked men who forcibly enter a shop at Clounreask, Askeaton at around 1.45am.
“It was a planned and premeditated crime,” he told Judge Mary Larkin.
He said extensive damage was caused to the shuttering and inside the premises and that a safe, containing a significant amount of cash, was removed from the shop and placed in the boot of a black Audi S4 Quattro.
However, the safe “fell onto the road” and was left behind as the intruders “took off at speed” in the car.
Judge Mary Larkin was told the vehicle, which had been stolen in the UK a number of weeks earlier, was located crashed at Fanningstown, Croom a short time after the burglary.
Detective Sergeant Reidy said it will be alleged that DNA matching that of the defendant was located on one of the airbags which was deployed.
A number of weapons including a crowbar, axe and a nail bar were recovered from the Audi car and it is the State case that these were used by the intruders.
The detective sergeant submitted the case against Mr Harty is strong and that he faces the possibility of a lengthy prison sentence if convicted.
“My belief is that he will not appear (in court) to answer the charges,” he said adding the defendant spent a number of months in Northern Ireland last summer.
Barrister Erin O’Hagan asked the court to note the alleged offences “occurred some time ago” and she submitted the evidence against her client was “extremely vague”.
She said the father-of-five is due to marry his partner later this month and that he was willing to abide by any bail conditions imposed by the court.
Seeking bail, Ms O’Hagan told the court Mr Harty intends to contest the charges and will “hotly contest” the allegations against him.
Having considered the objection, Judge Larkin said it was an appropriate case to refuse bail.
”All and all, I’m going to refuse bail,” she said.
A file is being prepared for the Director of Public Prosecutions and the matter has been adjourned to early next month for directions
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