*Two charges against O’Callaghan were withdrawn.
GARDAÍ have dropped charges against a man charged in connection with a machete attack on a neighbour’s dog during a disturbance in a Kilrush estate last September.
At Ennis District Court, Sgt Frank O’Grady said that the two charges against Martin O’Callaghan (36) of Beechpark, Kilrush were being withdrawn.
Mr O’Callaghan faced one count of criminal damage and a second charge of producing a machete during the course of a dispute at the John Paul Estate in Kilrush on September 13th last.
Mr O’Callaghan’s bail conditions required him not to enter Kilrush and he resided at an address at Inis Eagla, Shannon while on bail.
However the Gardaí withdrawing the case against Mr O’Callaghan allows him to return to his family in Kilrush.
Mr O’Callaghan was initially refused bail at Limerick District Court and obtained High Court bail on condition he remain out of Kilrush.
At a hearing at Ennis District Court last November, solicitor for Mr O’Callaghan, Tara Godfrey made an application to have his bail conditions changed to allow him to return to Kilrush.
Gardaí opposed the application and Garda Brion Dolan said that the charges arise from a number of serious incidents that occurred at St John Paul Estate, Kilrush, Co Clare between Mr O’Callaghan, his associates and members of two other families.
He said, “Around 9pm Gardaí received a report of a large group of people fighting with weapons in the John Paul estate. Numerous 999 calls were made to Gardaí about this violent incident”.
Garda Dolan said that witnesses outlined to Gardaí that Mr O’Callaghan having in his possession a machete outside his home.
Garda Dolan said that it will be alleged that with up to eight others and making various threats, Mr O’Callaghan lashed out at a dog with a machete. The detective said that the dog was later taken to a vet when he received six stitches.
He said that following this incident a car belonging to another man was smashed up and Mr O’Callaghan was identified as one of those causing the damage.
Garda Dolan said that Gardaí are of the view that the dispute relates to parties is a dispute over drugs going missing and one party is blaming another party for stealing the drugs
Garda Dolan told Judge Alec Gabbett that those who initially made statements have withdrawn their statements to Gardaí. Ms Godfrey said that “things have changed on the ground and the heat seems to have gone out of the situation”.
Ms Godfrey said that Mr O’Callaghan is the father of small children and is enduring hardship not being able to enter Kilrush.
She said, “Whatever Garda Dolan said about drugs going missing or otherwise my client was on holiday in Spain at the time of whatever fracas started”.
Ms Godfrey said, “There was some sort of an incident the night before that my client had nothing to do with. There is no ongoing heat in Kilrush and we are asking the court to remove the condition to allow Mr O’Callaghan to live with his wife and children”.
Garda Dolan said that tensions are not high in Kilrush as two people before the courts have to abide by bail conditions to remain outside Kilrush.
In evidence, Mr O’Callaghan told the court, “I want to be there with my family and be there with my children to be able to drop them to school”.
Judge Gabbett refused the application to amend the bail conditions stating that the alternative is to remand the man in prison.
Judge Gabbett commented that “the case is falling away as we speak as people have decided not to cooperate with An Garda Siochana”.
