Released prisoner leaves State

An 18-year-old-man charged in connection with the death of his father, who was released from custody by a District Court judge…

An 18-year-old-man charged in connection with the death of his father, who was released from custody by a District Court judge last Friday, afterwards left the country while gardaí sought to rearrest him on more serious charges.

Evan O'Dwyer, solicitor for Thomas Cunningham jnr of the Commons, Ballinlough, Co Roscommon confirmed yesterday that his client was now "out of the jurisdiction".

Mr O'Dwyer said it was his understanding that gardaí had been looking for Mr Cunningham since Friday to rearrest him on new charges.

The now wanted man was released from custody twice on Friday - firstly at Harristown District Court, in Castlerea, Co Roscommon and later at Charlestown District Court, Co Mayo.

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He had been in custody since August charged with assault causing harm on his 46-year-old father, Thomas Cunningham snr, whose body was found in the garden of his home.

When Mr Cunningham appeared before Judge David Anderson at Harristown Court on Friday, the judge was told by counsel for the State that the report of State Pathologist Dr Marie Cassidy was not available to the court.

This was needed for the finalising of the book of evidence.

Mr O'Dwyer said his client had been detained only on a charge of assault causing bodily harm, and nothing more serious than that.

He added that his client's liberty was more important than the workload of the state pathologist and it was not justifiable for Mr Cunningham to remain in prison simply because Dr Cassidy had been unable to complete her work.

Judge Anderson agreed with Mr O'Dwyer and ordered the release of the accused.

However, Mr Cunningham was re-arrested outside the court. Later in the day he was again brought before Judge Anderson, at a sitting of Charlestown District Court.

An application by the State to remand Mr Cunningham in custody was again opposed by Mr O'Dwyer who said the purpose of the arrest was simply to get the accused back in custody.

No new evidence was being brought against Mr Cunningham, the solicitor said, and what was happening was "an abuse of process".

Judge Anderson agreed and for a second time ordered the release of the accused.

Senior gardaí at Castlerea handling the case could not be contacted yesterday and the Garda Press Office declined to comment.