McNamara Hearing Deferred To New Year

Photo (c) Pixabay

A judge has ruled that the pub where courts are staged at Killaloe is not suitable to hear lengthy court cases after comparing the venue to ‘a hot bath’.

At Ennis District Court yesterday, Judge Patrick Durcan said that he would not hear the case concerning former TD, Michael McNamara (43) where he is at charged with dangerous driving and obstructing a Garda during the course of his duties at Killaloe District Court sitting at O’Donovan’s pub in Ballina.

The hearing in the case was set down by a visiting judge to December 4th at Killaloe District Court.

CONTINUE READING BELOW

However, Judge Durcan – who is the designated judge for the Clare district said that the Killaloe court “is a lovely venue and it works very well for the community. It works on an in and out basis – like a hot bath”.

In January 2014, the staging of Killaloe District Court in the Ballina pub made headlines around the world when niece of Ralph Lauren, Jenny Lauren appeared at the pub in relation to an air rage incident.

The choice of venue for Ms Lauren’s court appearance after her drink-fueled and foul-mouthed breach of the peace on board a New York bound flight was subject to comment in the New York Post, The Daily Telegraph, ABC news, CNN and the Sydney Morning Herald in Australia.

In court yesterday, Judge Durcan said: “It is a temporary court house and it is just not suitable venue to deal with a lengthy case. There are no facilities out there for lawyers to consult with their clients.”

In the case, counsel for Mr McNamara, Fergus O’Higgins BL yesterday said that Gardai have agreed to provide any data concerning the amount of incapacitants (pepper spray) used in the course of the incident.

Mr O’Higgins said that Gardai have also agreed to provide a print out of the Garda Pulse report, if a statement exists from a Garda Anthony Davoren and photocopy of any Garda notes of the incident.

As a result of Judge Durcan’s unhappiness with the Killaloe court venue, the hearing date for December 5th has been vacated and the case will now take place in Ennis in the New Year on January 23rd next.

Mr McNamara is pleading his innocence to the charges and is to fully contest the prosecution at the hearing.

In the case, Mr McNamara is charged with dangerous driving contrary to Section 53 (1) of the Road Traffic Act near his home at Tobernagath, Scarriff in east Clare on December 10th 2016.

Mr McNamara of Ballyglass, Scarriff is also charged with resisting and obstructing Garda Darren McLaughlin during the course of his duties under Section 19 of the Public Order Act at the same location of the alleged dangerous driving on the same date.

Those convicted in the district court of obstructing a Garda in the course of their duties face a jail sentence of up to six months or a fine of €635 while those convicted of dangerous driving in the district court face up to six months in jail and a fine of €127 along with a driving ban.

The alleged offences took place almost 10 months after Mr McNamara lost his seat in the 2016 General Election.

Mr O’Higgins said that the case will take two hours when evidence is heard in the case.

The former TD was not in court yesterday as he was not required to be. Mr McNamara lost his Clare seat in the February 2016 General Election to GP, Dr Michael Harty after the east Clare man polled 4,472 first preference votes.

Mr McNamara lost his seat following the 11th count at the election. At the time, a despondent Mr McNamara spoke of an “incredibly tough campaign” where he said that he was subject to a lot of vitriol on Facebook.

Mr McNamara was first elected to the Dáil in 2011.

Mr McNamara crossed the political divide during the lifetime of the last Dáil when he married Sarah-Jane Hillery, a fellow barrister and granddaughter of former president and Fianna Fáil Minister, Patrick Hillery.

Mr McNamara worked as a human rights lawyer in Eastern Europe and with the United Nations in Afghanistan before returning to Ireland in 2005 to run the family farm and practice as a barrister.