‘How will he get food to eat?’ Judge questions restrictive bail terms sought for Clare man

Directions are being sought from the DPP in the case of a west Clare man who is accused of making threats to a bus driver earlier this month.

Jason Curry, aged 37, who has an address at Moore Bay, Carrigaholt Road, Kilkee, appeared before Ennis District Court on Wednesday, January 7 - two days after the alleged incident.

During the procedural hearing, Judge Alec Gabbett raised concerns over the bail conditions which were sought by gardai, claiming they could restrict the defendant's ability to "buy food to eat".

The court was told Mr Curry was arrested in Kilrush on suspicion of an offence under Section 5 of the Non-Fatal Offences Against the Person Act and that he was subsequently charged with an offence under Section 6 of the Public Order Act.

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During a procedural hearing, the matter of his proposed bail conditions was addressed in court. Gardaí sought to bar Mr Curry from entering the town of Kilrush, where the offence is alleged to have occurred on January 5.

Mr Curry is alleged to have become verbally abusive towards a TFI Local Link bus driver, at a bus stop at Francis Street in the town.

As a result of the alleged outburst, Mr Curry was subsequently banned from all TFI Local Link buses. 

At Ennis District Court, Judge Gabbett raised concerns over the proposed conditions as Mr Curry lives "on the peninsula" in Kilkee, with Kilrush town being the primary location for those based in west Clare to do their grocery shopping.

He commented that if Mr Curry was to be banned completely from Kilrush, he would also be unable to do his food shop in Tesco and Aldi, which are both located on the Ennis Road in Kilrush.

"How will he be able to get food to eat?," he asked Garda Emma Griffin who arrested the defendant and brought him before the court.

While noting the concerns of gardai Judge Gabbett decided that a total ban from Kilrush would be too restrictive for Mr Curry, given that he does not drive.

Instead, he directed that Mr Curry be allowed into Kilrush town to do any errands, such as a food shopping, on the days he is collecting his Social Welfare payment or signing on at Kilrush garda station.

This is also the only time that Mr Curry will be permitted to be on Francis Street as the An Post office is located in the SuperValu on Francis Street.

Mr Curry will also have to adhere to a strict curfew and sign-on to Kilrush garda station three times a week between the hours of 9am and 9pm.  

Because he is barred from all Local Link buses, Judge Gabbett questioned whether the conditions would be feasible, noting that the rural "yellow and blue" bus services between Kilkee and Kilrush runs infrequently and at limited times each day.

Mr Curry indicated to his solicitor, Stiofán Fitzpatrick, that he would be able to commute to Kilrush during these specified times despite his transport limitations.  

The case was adjourned to February 17 at Kilrush Courthouse for directions from the Director of Public Prosecutions.