*Photograph: Tom Micks
A THIRD man accused of the robbery of a post office in Carrigaholt in January has entered a guilty plea before the Circuit Court.
At Ennis Circuit Court on Tuesday, Darragh Pender (31) of Dun na hInse, Ennis affirmed his signed guilty plea made in the district court to robbing Maura McKiernan, the post-mistress at An Post Carrigaholt, The Square, Carrigaholt of cash, coins and a cheque to the value of €8,944.63, contrary to Section 14 of the Criminal justice (Theft and Fraud Offences) Act 2001 on January 21st.
Already, two of Mr Pender’s co-accused, Michael McMahon (38) of Plunkett Drive, Kilkishen and Darren Cassidy (38) of Lifford Mews, Lifford, Ennis have pleaded guilty to the offence before the Circuit Court and are on remand in custody pending sentence.
Tuesday was Mr Pender’s third time coming to the Circuit Court seeking to affirm his signed plea of guilt and Mr Pender was unable to affirm his signed plea previously due to the solicitors’ dispute with the Department of Justice over the new flat-fee criminal legal aid payment regime.
In court on Tuesday, counsel for Mr Pender, Aaron Desmond BL (instructed by solicitor, John Casey) said that his client is a 31 year old father of one with no previous convictions.
Mr Pender spent a number of months on remand in custody this year before securing bail and Mr Desmond said that his client has made great strides and taken positive steps.
Mr Desmond asked that a Probation Report be prepared for his client for sentencing and Judge Francis Comerford directed that a Probation Report be prepared.
Judge Comerford previously fixed November 10th for the sentencing hearing for Mr McMahon and Mr Cassidy and the sentencing is expected to take half a day.
A fourth accused, Martin Downes (36) of Seafield Park, Quilty is pleading not guilty to the robbery charge.
Solicitor for Mr Downes, Tara Godfrey previously asked that Mr Downes’s case be adjourned to the call over of cases to November 13th.
Judge Comerford remanded Mr Pender on continuing bail to October 27th.
Judge Comerford said that he would hear the evidence at the sentencing of all three accused on November 10th commenting that Mr Pender’s plea of mitigation may have to be adjourned if the Probation Report is not ready.
At a contested bail hearing in January, Sgt Shane Graham 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.
