Martin O'Toole of Stripe, Irishtown, Claremorris, Co Mayo, who has been charged with trespassing and burglary in relation to an incident which is alleged to have taken place at a repossessed farmhouse in Strokestown in mid-December 2018, has been remanded on continuing High Court bail until March 15th.
Judge Faughnan asked the state is the concerns which they raised on the previous sitting on January 11th with regards to Mr O'Toole being granted bail had abated. It was explained that High Court bail had been granted to Mr O'Toole, on consent.
Morgan Shelley BL, instructed by Phelim O’Neill Solicitors, claimed solicitors for Judge Faughnan had previously engaged in legal correspondence with Mr O’Toole, and as a result there may be an issue with Judge Faughnan hearing future matters in which Mr O'Toole was involved. Judge Faughnan asked Mr Shelley if he was fully appraised of the details of that matter and Mr Shelley explained that he was. Mr O’Toole’s legal team had challenged Judge Faughnan’s continued involvement in cases involving the Mayo man in the High Court this week, and when Mr Shelly tried to bring the details of this to Judge Faughnan's attention, Judge Faughnan insisted that the matter before him was merely a remand hearing, and the matters before the High Court were a matter for the High Court to deal with and not for him.
The Judge asked the presenting Garda if the state thought the matter would ultimately be dealt with at District Court level and Sergeant Mark Mahon told the court that it was a very serious matter, which was the subject of a complex investigation and that there were a number of investigations still ongoing into the alleged incident, and that it would take some time before directions would be received from the DPP, but that is was unlikely that the substantive matter would be dealt with in the District Court.
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