A solicitor for a man charged with the false imprisonment of three people at Sixmilebridge last month told a court today that an independent surety for the man has been identified.
At Ennis District Court today, solicitor for Tom Howard, Stíofán Fitzpatrick told recently appointed judge, Judge Marie Keane that “everything is in order” in relation to the alternative surety for Mr Howard.
Mr Howard (50) of Gortnaminch, Listowel, Co Kerry is facing charges in relation to a two and a half hour stand-off where he is alleged to have falsely imprisoned a father, daughter and her boyfriend at Donnybrook Cottage, Sixmilebridge on July 2nd.
Mr Howard has been in custody since then.
In court last Friday, Judge Patrick Durcan adjourned Mr Howard’s bail application after branding the circumstances around a former Limerick footballer putting up an independent surety of €10,000 for Mr Howard as “a set up job”.
John Galvin – widely regarded as Limerick’s best Gaelic footballer of modern times – was to provide an independent surety for his friend, Mr Howard.
However, at last Friday’s hearing, Mr Galvin admitted in evidence that some of the €10,000 surety was coming from Mr Howard’s long term partner.
In response, Judge Patrick Durcan said: “This is a set up. Mr Galvin is being produced as an independent surety who doesn’t have the money for it”.
He said: “Someone is being presented as someone of substance to offer an independent surety, but there is no substance there. It is a set-up job – stitched up.”
In response, Mr Fitzpatrick said: “I don’t agree with that Judge. With due respect, there is no intention for it to be a set-up.”
In reply, Judge Durcan said: “There is nothing independent about Mr Galvin if something goes wrong with bail, Mr Galvin isn’t at a loss.”
He said: “I am very annoyed that the court has been put into this position.”
Judge Durcan later told Mr Fitzpatrick in court that he accepted that there was no attempt to mislead the court on the issue of the independent surety.
Mr Howard works on the Galvin family farm in west Limerick and in evidence last month, Mr Galvin told the court that Mr Howard “is the nicest man you could ever meet” and “wouldn’t do any harm to anyone”.
In the case, Mr Howard is charged with falsely imprisoning 70-year old gardener, Tadgh Corbett, his 27 year old daughter, Elaine Corbett and her 29 year old boyfriend, Declan Finn contrary to Section 15 of the Non-Fatal Offences Against the Person Act 1997.
Mr Howard is also charged with having a shot-gun in his possession with intent to cause an indictable offence – robbery – contrary to Section 27B of the Firearms Act 1964.
Prior to the court exchange over the independent surety, Insp Tom Kennedy said that Gardai no longer had objection to bail following the psychiatric assessment carried out by Dr Creaven and various bail conditions agreed with Mr Howard.
In court today, Judge Keane adjourned the matter to a day this week when Judge Durcan will be available to travel to Clare to hear the resumed bail application. Judge Keane also further remanded Mr Howard in custody.
