COURT

Curfew among bail conditions imposed on four charged in relation to late night row in Clonmel housing estate

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Court reporter

Curfew among bail conditions imposed on four charged in relation to late night row in Clonmel housing estate

Clonmel Courthouse

Three men and a woman have been placed under a nightly curfew by a judge after appearing before a court charged with offences related to a violent row in Clonmel's Cooleens Close estate last week.
Gabriel, John and Majella Burns were also ordered not to have any contact with Martin and Paul Fitzgerald while Martin Fitzgerald was ordered not to have any contact with members of the Burns family.
The curfew and contact bans were two of the six strict bail conditions Judge Terence Finn imposed on the four accused, who appeared before him at a special sitting of Clonmel District Court last Saturday.
The charges proffered against all four relate to a violent incident in Cooleens Close in the early hours of last Thursday, April 9.
Each of the accused appeared before Judge Finn separately in accordance with social distancing guidelines during the Covid-19 crisis.
First to be dealt with was Martin Fitzgerald (25) of 31 Cooleens Close, Clonmel, who is charged with having a wooden hatchet handle at Cooleens Close with intent to intimidate another person by engaging in threatening behaviour.
He is also charged with engaging in threatening, abusive and insulting words and behaviour at the same location.
Mr Fitzgerald was represented by solicitor James Reilly, who applied for bail on behalf of his client and informed the court Mr Fitzgerald worked as a plasterer and labourer for a builder but was recently laid off.
Next to come before the court was John Burns (70) of 32 Cooleens Close, Clonmel. He is charged with possessing a hurley with intent to incapacitate or intimidate another person by swinging it violently and engaging in threatening, abusive and insulting words and behaviour at Cooleens Close.
He is also charged with trespassing on the curtilage of 19 Cooleens Close.
He was followed by Majella Burns (49) of 21 Cooleens Close, Clonmel, who is charged with assaulting Paul Fitzgerald, damaging a bodycam belonging to Paul Fitzgerald, possessing a hurley with intent to cause injury to another person and engaging in threatening abusive and insulting words and behaviour at Cooleens Close.
She is also charged with trespassing on the property of 19 Cooleens Close.
The last of the four to appear before Judge Finn was Gabriel Burns (39) of 32 Cooleens Close, Clonmel. He is charged with possessing a 2.5ft long axe handle with intent to injure another person; assaulting Martin Fitzgerald and engaging in threatening, abusive and insulting words and behaviour at Cooleens Close.
He is also charged with causing €200 damage to a glasshouse window belonging to Bridget Buck at 31 Cooleens Close and trespassing on the curtilage of the same house.
The three members of the Burns family were represented in court by solicitor Eamonn Hayes, who applied for bail on their behalf.
Sgt. Carol O'Leary submitted evidence of the arrest, charge and caution of the four defendants to the court.
She said the gardai had no objection to bail being granted to all four provided certain conditions were imposed. The conditions had been canvassed with Martin Fitzgerald's and John, Majella and Gabriel Burns' solicitors.
She proposed Martin Fitzgerald be granted bail on condition he reside at 31 Cooleens Close at all times, observe a nightly curfew beween 11am and 6am, have no contact directly or indirectly with the Burns family and sign on at Clonmel Garda Station on Tuesdays, Thursdays and Saturdays.
Other proposed bail conditions were that Mr Fitzgerald be of sober habits in public and provide a mobile phone number to gardai within 24 hours of the court hearing. She requested this mobile number be charged at all times and that Mr Fitzgerald be available to answer it at all times.
Judge Finn consented to all these bail terms though in the case of the curfew he extended it by an hour to 7am daily. He remanded Mr Fitzgerald on bail under his own bond of €100 to appear before Clonmel District Court on Tuesday, June 23.
Sgt. O'Leary proposed that John, Majella and Gabriel Burns be granted bail on condition they abide by the same night-time curfew as Mr Fitzgerald, be of sober habits in a public plae, provide a mobile phone number to gardai within 24 hours and be available to answer it when contacted by gardai and sign on at Clonmel Garda Station three days a week, namely Mondays, Wednesdays and Fridays. She also proposed that they have no contact directly or indirectly with Paul and Martin Fitzgerald.
In relation to John Burns, she proposed that he reside at 32 Cooleens Close, Clonmel as a condition of bail and she said Majella Burns had offered a separate address to reside in while on bail. It was 4 Manor House, The Quay, Clonmel.
The sergeant also proposed that Gabriel Burns be directed to remain out of Cooleens Close as part of his bail conditions and reside at 122 Glen Oaks Walk, Clonmel.
Judge Finn approved all these bail conditions and remanded John, Majella and Gabriel Burns on bail under their own bond of €100 to appear before Clonmel District Court on Tuesday, June 23.