That is according to solicitor, Daragh Hassett who said that his clients, Darren Cassidy and Michael McMahon are ready to go forward to the circuit court on signed pleas of guilt to the robbery of Carrigaholt Post Office on January 21st.
Both accused men were appearing via video-link from Limerick prison where they have been on remand since January.
Mr Hassett told Judge Adrian Harris at Ennis District Court that he has received four separate booklets of disclosure from the State outlining the allegations against his clients.
Mr Hassett said that the DPP is demanding that he write back to the State on behalf of his clients accepting everything in the disclosure.
Concerning Mr Cassidy’s case, Mr Hassett said: “I have no intention of writing to the DPP accepting chapter and verse of what is in these booklets – that is not how cases proceed and that would set a very dangerous precedent in this court where you are effectively muting the defendant’s right in the court to mitigate his participation in an offence he has long pleaded guilty to.
He said: “I have no intention of doing that and that can be conveyed back to the State.”
Mr Hassett said: “Mr Cassidy is accepting his guilt in relation to the charge but whether there is some dispute in relation to this or that – that is a matter for the circuit court to adjudicate upon.”
In relation to Mr McMahon, Mr Hassett said that there has been no change in Mr McMahon’s position and he is not resiling from his position of pleading guilty to the charge of robbery.
Mr Hassett said that there was a request made of him by the State to write to the DPP and accepting fully contents of the disclosure concerning Mr McMahon.
Mr Hassett said that on that basis, Mr McMahon would potentially be offered a signed plea of guilt to go forward to the circuit court.
He said: “That is not how the defence should be asked to do business and effectively muted the defence in mitigation. On top of that – I have gone through the disclosure and there are already inconsistencies which Mr McMahon flagged to me on day one and and which were put to him at interview.”
He said: “In relation to a particular issue which arises in the post office, Mr McMahon gave his reply at interview in not accepting a particular contention about an injury to the postmistress.
Mr Hassett said: “He has put that on the record and that is not accepted.”
Mr Hassett said: “Mr McMahon has pleaded guilty to the charge and if there is discussion about the minutiae of what happened in the post office that is a matter for the circuit court.”
Mr Hassett said: “I say that it is not a matter that Michael McMahon should be penalised by not being offered a signed plea.
A third accused, Martin Downes also appeared in court via video-link from Limerick prison and his solicitor, Tara Godfrey said that Mr Downes “is in a holding pattern” with his three co-accused in the case.
Ms Godfrey said that she was due to have a consultation with Mr Downes at the prison along with the barrister in the case and the case could be adjourned to allow her to get instructions from Mr Downes.
Michael McMahon (38) of Plunkett Drive, Kilkishen, Darren Cassidy (38) of Lifford Mews, Lifford, Ennis and Martin Downes (36) of Seafield Park, Quilty are each charged with robbing Maura McKiernan, the post-mistress at An Post Carrigaholt, The Square, Carrigaholt of cash, coins and a
fourth accused, Darragh Pender (30) of Dun na hInse, Ennis is also accused of the same offence and is due to appear before court next week.
At a contested bail hearing in January, Sgt Shane Graham on behalf of the Gardai successfully opposed bail and told the court that it is the Garda belief that the four men before the court charged with robbery were part of a four person joint enterprise “who acted in concert and colluded in order to carry out a cold and calculated robbery”.
Opposing bail for the four, Sgt Graham said that it will be alleged that the four member strong gang “involved two getaway drivers and two members of the gang that entered the premises where the post mistress was violently and viciously assaulted with iron bars by both males”.
Sgt Graham was one of the members of An Garda Síochana who was involved in a high speed car chase across west Clare that ended on the outskirts of Ennis where the four suspects were apprehended by members of the Garda Armed Response Unit (ARU) at 3.45pm, January 21st.
Sgt Graham said that during the case, items were thrown from the alleged second getaway car, a BMW, and he said that Gardai later recovered €6,500 in notes and coins from the road.
Sgt Graham said that it will be alleged that Mr Pender and Mr Downes were the getaway drivers involved in the alleged robbery and both have no previous convictions.
Judge Adrian Harris further remanded all three in custody to re-appear at Ennis District Court.
