Man charged with David Douglas murder is refused bail
Court hears Gareth Brophy (24) likely to abscond if released from custody
David Douglas: shot six times in Dublin in 2016
The 55-year-old was shot six times as he took a meal break in his partner’s shop, Shoestown, on Bridgefoot Street on July 1st, 2016.
Gareth Brophy of no fixed abode, but originally from Fatima Mansions in Dublin’s south inner city, was charged with the murder last month. A book of evidence was served on him on Thursday and he was sent forward for trial to the non-jury Special Criminal Court.
He applied to Ms Justice Tara Burns for bail on Friday. However, the State objected.
Sergeant Brendan Brogan told Barry Ward BL, for the State, that he was objecting under the O’Callaghan rules, which permit the courts to take account of the gravity of the charge and likelihood of a lengthy sentence.
“The greater the sentence, the greater likelihood of a person trying to avoid it,” he said.
He was asked if any bail conditions would satisfy him. “Regrettably no,” he replied.
Under cross-examination by David Perry BL, representing Mr Brophy, he agreed that the bail applicant had grown up in Fatima Mansions in Dublin. He also accepted that his mother, two brothers, two sisters and his young child all lived in the Dublin area. He accepted that he was also in a steady relationship with a partner, who again lived in Dublin, and that he had close ties with the city.
Mr Perry asked the judge to take account of his client’s “significant family ties” to the Dublin area.
“They anchor him to the jurisdiction and Dublin, in particular,” he said.
“He has just been sent forward (for trial) and will spend a considerable amount of time awaiting trial.”
He added that his client had sourced €5,000 from family members and was prepared to put it forward for bail.
Mr Ward, however, said that the sergeant’s objections were well-founded, and that the court was entitled to take the view that Mr Brophy was unlikely to turn up for trial.
Ms Justice Burns refused bail. “I am of the view that it is reasonably possible that he would abscond if admitted to bail,” she said.
One man, described in court as the main organiser, is already serving life in prison for the murder. Freddie Thompson (37) of Loreto Road, Maryland in Dublin, had denied the charge, but was convicted by the three-judge, Special Criminal Court earlier this year.
A second man is awaiting sentence for participating in or contributing to activity intending to facilitate its commission by a criminal organisation or any of its members. Nathan Foley (20), of Rosary Road in Maryland admitted committing that lesser offence between July 1st and July 4th, 2016.
Described by the Special Criminal Court as a ‘foot soldier’ and ‘runner’ for the criminal organisation involved, Foley will be sentenced next month.