Judge revokes bail for man charged with criminal damage and trespass in Clonmel feud case

A judge revoked bail for one of the men charged with criminal damage and trespass at a property at Railway Cottages, Clonmel at Clonmel District Court on Tuesday after he ruled the father-of-nine breached the night-time curfew condition of his bail.

John O’Reilly, aged 48, of Bay 5 Heywood Road Halting Site, Clonmel was brought before the court for breach of this bail condition after he failed to answer his door on two occasions to gardaí carrying out curfew checks following his release on bail after appearing before Cashel District Court last Thursday.

He is charged with causing criminal damage to a caravan trailer belonging to James Hutchinson at 1 Railway Cottages, Powerstown Road, Clonmel on March 18 and entering No. 1 Railway Cottage as a trespasser and committing an arrestable offence on the same date. 

Mr O'Reilly is one of 12 men charged in connection with the incident at Railway Cottages, Clonmel on March 17/18. 

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Two Gardaí gave evidence at Tuesday’s sitting of Clonmel Court that when they called to his mobile home at Heywood Road Halting Site to make curfew checks at 11.40pm on Thursday, April 3 and 1.45am on Saturday, April 5, he didn’t answer their door knocks.

When John O’Reilly was initially granted bail at Cashel Court last Thursday, Judge Brian O’Shea had agreed to his solicitor’s application for the curfew condition to be relaxed in his case on occasions Mr O’Reilly had to attend hospital in Cork overnight for treatment for an ongoing health condition. The judge directed that John O'Reilly have a medical appointment letter in his possession to show gardaí.

This situation didn’t arise in the case of the two calls made by gardaí to his home on April 3 and 5 as Mr O’Reilly gave evidence to the court that he was present in the house with his wife and nine children on both occasions but they didn’t hear the knocks of the gardaí because they were in bed asleep.

Mr O’Reilly said he went to bed between 9pm and 9.30pm nightly and was on medication.

He submitted his mobile home was a chalet style property and there were a number of doors between the front door and his bedroom, which explained why he didn’t hear the knocking by the gardaí.

Mr O’Reilly’s solicitor Eamonn Hayes said his client instructed him that the medication he took had a drowsy effect on him.

After hearing the prosecution and defence cases, Judge O’Shea said this was a very serious case where it’s alleged people broke into someone’s home and caused damage at a particular time of the day.

As a result, a curfew was sought by gardaí as a bail condition and the gardaí must be capable of policing this curfew.

Judge O’Shea said he must make some form of provision that if gardaí call to the home of a person under a curfew that the door must be answered.

“There is no point in having a curfew and saying that I took medication and was asleep.

“Two gardaí knocked on the door at the dead of night.

“It’s unlikely that none of the adults or any of the nine children present in the mobile home wouldn’t have woken up and heard it.

“It’s much more likely that he was not present and no one answered the door. In the circumstances where the bail terms are very straightforward, I will revoke his bail.”

Judge O’Shea remanded John O’Reilly in custody to appear before Clonmel District Court next Tuesday, April 15.

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