Limerick criminal fails in appeal against barring order

David Hurley


David Hurley

A NEWCASTLE West man, who was barred from two housing estates in the town has failed in a bid to have the barring order overturned.

A NEWCASTLE West man, who was barred from two housing estates in the town has failed in a bid to have the barring order overturned.

Dan McCarthy, aged 23, of Castleview Estate was one of four people who were barred from the estate for three years after Limerick County Council took proceedings against them over ongoing incidents of antisocial behaviour and violence.

All four, including McCarthy’s brother Tom, were also barred from Sharwood Estate.

The other three were barred last December and McCarthy was barred in June.

During an appeal at Limerick Circuit Court, Seamus Hayes, housing officer with Limerick County Council said the local authority had sought the barring order due to the “concerns and fears” of residents over a long period of time.

He said the residents were “too afraid” to make a formal complaint and that the proceedings, which were initiated with the support of garda, were “in the interests of good estate management”.

Mr Hayes told Judge Carroll Moran that there has been no trouble in the Castleview Estate since June.

“Life has been “very peaceful,” he said adding that “the quality of life for residents has improved immeasurably” since the barring order was imposed.

“All of the residents are happy with the action taken by the council,” he said.

Sgt Frank Downes, Newcastle West, told the court the background to the antisocial behaviour and violence was linked to an ongoing feud between the McCarthy and Ryan families.

He said “a lot of residents are very upset” and he told the court the feud was “linked to Rathkeale”.

Sgt Downes added that personal property, including windows and cars had all been damaged by some of those involved in the feud.

The sergeant said McCarthy had accrued a number of criminal convictions since the initial application for a barring order was made last December.

A quantity of drugs was seized at his home in February and he was convicted at Cork District Court in April of sending a large number of harassing text message to a woman.

The court was told McCarthy received a suspended prison sentence in relation to the harassment offence and that he was fined €300 in relation to the drugs charge.

Sgt Downes said McCarthy, who has more than 40 previous convictions, was also convicted of a number of public order offences following separate incidents in Newcastle West during recent months.

During one of the incidents, he was verbally abusive and threatening towards gardai.

In his evidence, Dan McCarthy denied causing any trouble in the town and he said he had “never broken a window in my life”.

He claimed the problems and violence were being caused by “other people coming into the estate”.

McCarthy made allegations that he had been unfairly targeted and picked on by the gardai over a complaint which he lodged with the Garda Siochana Ombudsman a number of years ago.

McCarthy’s father, Ned, pleaded with the court to remove the barring order on his son.

“I guarantee if he is left back with me today, there will be no more trouble,” he said.

He also claimed the trouble was being caused by members of the other family who “came to our house blackguarding”.

Dismissing the appeal, Judge Carroll Moran said it was “clear that a feud has been going on” between the McCarthy and Ryan families.

He noted that McCarthy had “been in trouble” within five weeks of the initial application last December and that he had accrued several convictions during 2012.

“It seems to me he has been engaging in some of the trouble with the Ryan family,” he said.

The judge said he believed in the circumstances it was “proper and reasonable” to refuse the appeal and to uphold the barring order.

“This is all I can do, I have to guarantee the peace of the neighbourhood,” he said.