Ballybofey man ‘incapable’ of complying with bail orders is remanded

April 6, 2018

A Ballybofey man has been remanded in custody at Castlerea Prison to appear by video link at Letterkenny District Court after being rendered ‘incapable’ of complying with bail conditions.

Darius McAteer was arrested on Wednesday, April 4, 2018 for offences contrary to sections 6 and 8 of the public order act. The accused was conveyed to Letterkenny Garda Station and made no reply when cautioned and charged.

McAteer is subject to a curfew between 8pm and 8am.

Garda Keon said McAteer stood accused of a ‘large number of alleged offences’  and that McAteer had broken the curfew on Tuesday, April 3, and Wednesday, April 4.

Inspector Barry Doyle said he was objecting to bail.

“He has no regards for the conditions that were set out,” Inspector Doyle said.

The court heard that on Wednesday, April 4, McAteer intervened and ‘was obstructive’ while the driver of a car in which he was traveling was being arrested for road traffic offences.

Under conditions of bail, McAteer is to remain sober.

“He had consumed drink but at that time he was not intoxicated,” the Garda said. “He was directed to leave on a number of occasions.”

McAteer was arrested at 8.06pm.

Defending solicitor Frank Dorrian said that McAteer was unable to arrive home before his curfew as his transport was ‘lo longer available to him’.

Mr Dorrian said: “He openly makes the case that the inability to get home was not of his own doing. He could make it home in ten minutes, but that is impossible on foot. The car was at a service station ten minutes before the curfew began.”

On Tuesday, April 3, Sergeant Lynch said he responded to a call about a vehicle parked at the rear of the Millbrae Surgery in Stranorlar.

“It was indicated that a number of persons were in the car, that cans of alcohol were thrown from the vehicle and that people got out an urinated in the car park,” Sergeant Lynch said, adding that he found McAteer to be intoxicated.

Later that night, at 9.15pm, Sergeant Lynch responded to reports of three people drinking in a stairwell at the Navenny Car Park in Ballybofey and found the same three persons.

“Mr McAteer was intoxicated and was the worse for wear and there was an amount of drink present,” Sergeant Lynch said.

Sergeant Lynch said McAteer had ‘quite a catalogue’, something he had ‘never seen for a man of his age’.

“There is something unusual going on here,” Mr Dorrian added. “My client has been under the care of the mental health service since he was 9. Since he has turned 18, he has effectively been jettisoned. He was diagnosed with ADHD and ODD and alcohol is a new arrival on the scene. He is living in a very derelict fashion.”

Judge Paul Kelly refused bail and remanded McAteer to Castlerea Prison to appear via video link on Monday. Judge Kelly directed medical assessment on the matter.


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