TWO TEENAGERS including a Leaving Cert student appeared in court yesterday on charges arising from an incident on Thursday last in which a garda was struck by a car and seriously injured.
The student, a 17-year-old who cannot be named because of his age, was accused of dangerous driving at Tara Court, Letterkenny, causing injury to Garda Robert McCallion. He was also charged with theft of a motor vehicle.
A second youth, Cathal Dunleavy, (19), Meentagh, Glenvar, Kerrykeel, Co Donegal, was charged with theft of a motor vehicle and with allowing himself to be carried in a motor vehicle, while knowing or believing it to be stolen. Both appeared at Glenties District Court, and were remanded until April 2nd to appear before Letterkenny District Court.
The accused driver appeared in court with a large abrasion on the left side of his forehead and scratches on his nose.
Judge Conall Gibbons asked how he received the injuries and prosecuting Insp Sylvie Henry said they occurred during the incident leading to the charges.
Sgt Christopher Galligan gave evidence of arresting the 17-year-old at 11.34pm on Thursday at Letterkenny Garda station. He made no reply to either of the charges.
The court heard that the prosecution was objecting to bail on the grounds of the seriousness of the charges, the likely sentence on conviction, the strength of the evidence in support of the charges, and the likelihood that the defendant would abscond.
Sgt Galligan said the youth’s mother had expressed concern that he would “flee the country” because of the pressure.
His mother was called to the witness box and said that while she was initially concerned she was now prepared to stand bail.
The youth also gave evidence that he would not abscond but also told Judge Gibbons that he had been planning to visit Northern Ireland.
The judge refused bail and remanded him in custody to St Patrick’s Institution to reappear in court next Thursday. “I genuinely believe he is a flight risk,” he said.
When an application for bail was made by Dunleavy the court heard he was on temporary release from prison at the time of the incident. Garda Nicholas Frayne, who arrested him, said Dunleavy made no reply to the single charge against him.
Insp Henry again objected to bail because of the seriousness of the offence, the likely sentence, the strong nature of the evidence, the fact that Dunleavy had previously failed to answer bail, and because he had been on temporary release from Castlerea prison.
Dunleavy told the court he would not abscond. He agreed he had escaped from Loughan House a month ago.
“I was serving nine months but I was back the same night,” he said.
The judge refused bail. He said that “in fairness” Dunleavy had been “upfront” about escaping from lawful custody, but there was “a very high risk he may well not turn up in court”.