11 Aug 2022

Bail refused for man arrested in Kilkenny on day he was released from prison

Kilkenny Kilkenny Kilkenny

Kilkenny Courthouse

A Kilkenny man who was back in the city on the day he was released from prison was arrested, charged with new offences and refused bail. He is now in custody again.

David McDonagh, of no fixed abode, appeared before Kilkenny District Court on Tuesday, January 11.
Garda Ashley Lowry told the court Mr McDonagh is charged with five offences. Two alleged to have occurred at Irishtown, Kilkenny, on January 10: using threatening, abusive and insulting behaviour, and  being intoxicated in public.
Mr McDonagh is also charged with the assault of two gardaí at Kilkenny Garda Station on the same date, and possession of knives or other articles (screwdriver) contrary to Section 9.1 of the Firearms and Offensive Weapons Act.

Mr Lowry gave evidence that gardaí responded to a call and found Mr McDonagh highly intoxicated and unsteady on his feet. He called the gardaí “paedophiles” and resisted arrest.
The garda said that while Mr McDonagh was being processed in the garda station he attempted to headbut one garda and kicked a second garda in the head.

When he was searched, Mr McDonagh was found to be in possession of a screwdriver, Garda Lowry said. He continued to be abusive in the station.

Garda Lowry said Mr McDonagh is a violent individual who has no respect for the judicial system and has addiction issues. He had just been released from prison on Monday, January 10, and had already come to the attention of gardaí.

Gardaí objected to bail being granted to Mr McDonagh on several grounds. Garda Lowry said they were not satisfied Mr McDonagh had an address to live at if released.

Solicitor Chris Hogan said his client had a screwdriver for fixing curtains. He had only been released from prison and went on “some kind of drink binge.” He is 27 years old.
Mr McDonagh said he would comply with any conditions if granted bail and apologised in court.

Inspector Barry Smith said that what worried him was that on his first day out of prison Mr McDonagh had “misbehaved.” Members of the public and the gardaí did not have to put up with this behaviour, he said.
Judge Geraldine Carthy said she considered all the evidence and denied bail. Mr McDonagh was remanded in custody until Monday.

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