One of the four Co Clare men accused of the robbery of Carrigaholt Post Office in west Clare has secured bail after spending a number of months on remand in prison.
At Ennis District Court, solicitor, John Casey for Darragh Pender (30) said that his client has obtained bail after being on remand in prison since January 23rd of this year.
Mr Pender’s three co-accused, Michael McMahon, Darren Cassidy and Martin Downes, who has consent to bail but has not been able to take it up, all remain on remand in prison.
In court, Mr Casey hit out at the DPP’s refusal to allow Mr Pender go forward on a signed guilty plea to the circuit court.
Mr Casey said: “I have never come across a position before where a signed guilty plea has been offered and has been rejected.”
He said: “My understanding is that it is not coming from DPP locally.”
He said: “As solicitors, we practice in the district court day in day out doing things properly. I have never come across this before.”
Mr Casey said that he has said in court that his client, Mr Pender can go forward on a signed plea of guilt and that has been captured by the DAR (Digital Audio Recording) in the court.
Mr Casey said that he has now been asked to formally put it in writing and will be transmitted that to the DPP in Dublin.
Mr Casey described the DPP’s approach to the case as “disingenuous”.
He asked: “Do they want somebody’s head on a plate and the rest of the body with the head? I am confused and I am annoyed but it is what it is.”
Martin Downes appeared in court via video-link from prison and solicitor Tara Godfrey said that a Book of Evidence will be required to be prepared by the State in the case of Mr Downes.
In the case, all four, Mr Pender (30) of Dun na hInse, Ennis at the time of charge along with Michael McMahon (38) of Plunkett Drive, Kilkishen, Darren Cassidy (38) of Lifford Mews, Lifford, Ennis and Martin Downes (36) of Seafield Park, Quilty are each charged with robbing Maura McKiernan, the post-mistress at An Post Carrigaholt, The Square, Carrigaholt of cash, coins and a cheque to the value of €8,944.63, contrary to Section 14 of the Criminal justice (Theft and Fraud Offences) Act 2001 on January 21st.
At a contested bail hearing in January, Sgt Shane Graham told the court that it is the Garda belief that the four men before the court charged with robbery were part of a four person joint enterprise “who acted in concert and colluded in order to carry out a cold and calculated robbery”.
Opposing bail for the four, Sgt Graham said that it will be alleged that the four member strong gang “involved two getaway drivers and two members of the gang that entered the premises where the post mistress was violently and viciously assaulted with iron bars by both males”.
Sgt Graham was one of the members of An Garda Síochana who was involved in a high speed car chase across west Clare that ended on the outskirts of Ennis where the four suspects were apprehended by members of the Garda Armed Response Unit (ARU) at 3.45pm, January 21st.
Sgt Graham said that during the case, items were thrown from the alleged second getaway car, a BMW, and he said that Gardai later recovered €6,500 in notes and coins from the road.
Sgt Graham said that it will be alleged that Mr Pender and Mr Downes were the getaway drivers involved in the alleged robbery and both have no previous convictions.
Judge Adrian Harris further remanded Mr Downes and Mr Pender to appear at Ennis District Court on June 17th.
