Two men have been remanded in custody after they were charged with an aggravated burglary in Cork where a woman in her 60s was allegedly threatened by two intruders armed with weapons.
Stephen McCarthy (28) and his brother, Richard (22) with addresses at the Halting Site, Spring Lane, Ballyvolane, Cork were both charged with aggravated burglary at the house at Ballinderry Park, Mayfield, Cork on June 1st.
On Tuesday at Cork District Court, Det Sgt Kieran O’Sullivan gave evidence of arrest, charge and caution in relation to both accused and told the court that both men made no reply when the charge was put to them after caution.
Defence solicitors, Frank Buttimer for Stephen McCarthy and Vicki Buckley for Richard McCarthy both applied for bail for their clients but Det Sgt O'Sullivan said that gardaí were objecting to bail for accused.
He said gardaí believed the accused would not stand trial and would interfere with witnesses if granted bail, given the seriousness of the charge which carries a penalty of up to life imprisonment if convicted on indictment.
He said gardaí believed the evidence against both accused was very strong and, faced with the prospect of up to life imprisonment if convicted, he believed that they would not stand trial if granted bail.
Det Sgt O’Sullivan then gave an outline of the alleged facts in the case said that in effect the two men were caught red-handed.
He said the State would allege the two accused entered a house in Ballinderry Park, armed with the wooden leg of a table and a shovel and did so without the consent of a woman living there whom they threatened with the weapons.
He said gardaí had harvested CCTV footage from the area which showed both men intoxicated and aggressive in the Ballinderry Park area just before they were captured on CCTV entering the house carrying the weapons.
He said that gardaí had also taken a witnessed statement from the injured party in which she identified the two accused – who were both known to her – as the men who had entered her home and threatened her.
He said neighbours had alerted gardaí when they heard a commotion and gardaí responded quickly and found the two accused in the house and they were arrested at the scene, so they were effectively caught red-handed.
Mr Buttimer put it to Det Sgt O’Sullivan there had been some “untoward contact” between his client, Stephen McCarthy and the Duggan family who lived in the house in a green area and he had responded by entering the house.
Det Sgt O’Sullivan said he could not comment on that but he agreed that whatever initial complaint there was came first from the neighbours and it was only afterwards that the house owner made a complaint of burglary.
Ms Buckley for Richard McCarthy said there was no issue between her client and the Duggans, he would not disappear and would sign daily at his local Garda station if granted bail but Det Sgt O’Sullivan said this was not acceptable.
After hearing the submissions, Judge Olann Kelleher refused both men bail and remanded them in custody to appear again on June 9th by video link while he also granted both men free legal aid after hearing they were on social welfare.
