A West Donegal pensioner charged in connection with a major gorse fire, causing over €300,000 in damage to homes and property failed to appear in court.
Anthony O’Donnell was not present when his case was called at Letterkenny Circuit Court.
The now 79-year-old, whose address is listed as Glen Lodge, Drumnacart Mountain, Burtonport, is facing four charges of arson related to a gorse fire that rages in the area at Easter 2019.
Barrister Gareth McGrory BL, for O’Donnell, told Judge Roderick Maguire that his client was not present in court.
This week, Mr McGrory said that a medical report from a treating psychiatrist was available to the court and added that the accused man’s son has also been in contact with a forensic psychiatrist.
Last week, the court heard that O’Donnell is now living in the Birmingham area of England. He did not attend court last week with his legal representatives contesting that he did not have the capacity to do so.
Some of the injured parties were present in court and Ms Fiona Crawford BL, barrister for the State, said that their “houses were completely destroyed” in the incident.
Ms Crawford said that there were concerns over O’Donnell’s reasons for not attending court and informed Judge Maguire that the State was ready to proceed with the case.
Judge Maguire pointed out that the matter was on the court list twice last week and said the defendant could have got a boat from England if it was the case that he was not able to fly.
“I am more than disappointed that he is not here to answer the charges,” Judge Maguire said, noting that the accused has not attended his GP in recent months.
“I am, again, disappointed that this matter hasn’t proceeded.
“There is a concern about his capacity now – that should’ve been addressed. That is not acceptable.”
Judge Maguire acceded to an application from Mr McGrory to adjourn the matter until October, but added: “I have made myself clear”.
Mr McGrory told the judge that he would relay the Judge’s comments to O’Donnell and his son “so that he is in no doubt”.
Judge Maguire said that it was unfortunate that a number of complainants were in court and the matter did not proceed.
O’Donnell is charged with four counts of arson, contrary to section 2 (1) and (4) of the Criminal Damage Act, 1991, all relating to April 19, 2019.
He is charged with damaging by fire property at Drumnacart, Annagry, to wit, the dwelling house of Ann Beggs, including the contents therein, and an oil tank with a combined value of €220,000.
The defendant is also charged with arson and causing extensive damage to the value of €21,500 caused to the rear dwelling house of Eugene Morgan at Drumnacart, Annagry.
He is also charged with arson with extensive damage to the rear of the dwelling house and garage of Stefan Bullon to a combined value of €70,000 at Rannyhaul, Kincasslagh.
The defendant is also charged with arson by damaging a shed belonging to Nancy McLaughlin containing two vintage Massey Ferguson tractors at Drumnacart, Annagary.
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