A judge has cleared the way for the only man pleading not guilty to the robbery of Carrigaholt Post Office in west Clare to secure bail.
Martin Downes (36) of Seafield Park, Quilty in west Clare has remained in custody with consent to bail at Limerick prison concerning the charge of the robbery of Carrigaholt Post Office on January 21st.
On Monday at a vacation sitting of Ennis District Court, Judge Fiona Brennan approved Mr Downes’s brother, Adrian Downes as an independent surety that would allow Martin Downes secure bail after almost eight months on remand in custody,
In the witness box, Adrian Downes agreed with solicitor, Tara Godrey that if Martin Downes does not turn up for trial, he will lose his independent surety of €1,000.
Sgt Frank O’Grady confirmed to the court that Gardai are not objecting to Adrian Downes to provide an independent surety.
Ms Godfrey said that Martin Downes is charged with “a serious matter”.
Ms Godfrey said that Adrian Downes may lose his independent surety if Martin Downes doesn’t abide by his bail conditions.
Ms Godfrey said that they include having no contact directly or indirectly with his three co-accused, to stay out of Kilkee and Carrigaholt, to sign on daily at Ennis Garda Station and not to leave the jurisdiction.
Ms Godfrey said that between February when he first sought bail in the High Court and June, Martin Downes was not able to secure an address in order to obtain bail.
She said that a further High Court bail hearing on June 4th has helped him overcome his difficulty concerning an address.
In the case, the three Co Clare men who have pleaded guilty to the robbery of a post office in the west Clare village of Carrigaholt are to learn their court fate in November.
This follows Judge Francis Comerford recently at Ennis Circuit Court fixing November 10th for the sentencing hearing for the three co-accused.
Counsel for the State, Sarah Jane Comerford BL (instructed by State Solicitor for Clare, Aisling Casey) said that the sentencing for the three, Michael McMahon, Darren Cassidy and Daragh Pender could be tentatively fixed for November 10th “and will take half a day”.
Judge Comerford fixing a date for the sentencing followed Michael McMahon (38) of Plunkett Drive, Kilkishen pleading guilty to 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.
Mr McMahon pleading guilty follows Darren Cassidy (38) of Lifford Mews, Lifford, Ennis last month affirming the signed guilty plea he had previously entered at Ennis District Court.
The two remain on remand in custody pending sentence.
Co-accused Darragh Pender (30) of Dun na hInse, Ennis has signed a plea of guilty to the robbery in the district court.
Mr Pender – currently on bail – has twice since attended Ennis Circuit Court to affirm his signed plea of guilty but has been unable to do so due to the solicitors’ dispute with the Dept of Justice over the criminal legal aid flat fee dispute.
Solicitor for Martin Downes, Tara Godfrey recently asked in the circuit court that Mr Downes’s case be adjourned to the call over of cases to November 13th.
Ms Godfrey said that there is a large amount of disclosure and a large amount of work in respect of Mr Downes’s defence “and he is pleading not guilty on everything we have at this time”.
Judge Comerford told Mr Downes that if he isn’t able to take up his bail he will be remanded to November 13th with his trial due to take place in February of next year.
Martin Downes was not present in court for today’s district court hearing but can now take up bail with the independent surety approved by Judge Brennan.
