KILDARE: Court is told defendant's jail conditions are horrendous
A man who is before Naas District Court is being detained in “horrendous conditions” in Cloverhill prison Patrick Behan, 41, whose address was given as 3407 Bishopsland, Kildare town and Stefan O’Leary, 21, whose address was given as 25 Roseberry Court, Newbridge, are being prosecuted for on two counts of attempted robbery, production of an article and resisting arrest.
Garda Lorraine Foran told a previous hearing of receiving a report of an incident at the Apache Pizza outlet, Eyre Street, Newbridge, on March 27 at 8.40, during which a knife was produced. While en route to this and accompanied by a colleague, she saw two males on top of the counter at the Yummi Yaki Chinese food premises, Charlotte Street, Newbridge.
The pair had their faces covered and one had a large knife, measuring at least 12 inches long and was “swiping” with it. They were kicking at a protective screen and when the two gardaí identified themselves the pair ran at them.
Gda Foran sustained a bang to the head and deployed pepper spray before the pair were arrested.
Solicitor Tim Kennelly said Patrick Behan is sharing a three man cell which has four people and he asked for the case to proceed.
“There is one guy on the floor,” said Mr Kennelly adding that while the defendant is being patient, the situation “is not ideal by any stretch of the imagination.”.
He called for the case to be struck out and pointed out that the defendant has the presumption of innocence.
Sgt Dave Hanrahan commented that the pair are in custody because the matter is very serious.
He said the matter is still under investigation and the investigation is only five weeks old.
He added there are two defendants and “multiple allegations.”
He also said scientific forensics reports are awaited.
Judge Desmond Zaidan said that while he understood the argument, he declined to strike the matter out.
The judge told the defendant that “for what it’s worth you look a lot healthier than when you came before me.”
He also said that if he could bring about an improvement in prison, he did not know why he could not do it in the community.
Barrister Aisling Murphy also expressed concern at the delay affecting Stefan O’Leary, pointing out that the gardaí objected to bail “so there is an added pressure on the State to expedite the matter.”
Judge Zaidan responded that the investigations take time and a case involving many allegations takes more time.
The matter was adjourned.