A man has been charged with the capital murder of a Garda sergeant who died as a result of burns received in an alleged arson attack at Tallaght Garda station last year. He was later released on bail by the High Court yesterday.
Mr Daniel O'Toole (36), Cashel Avenue, Crumlin, was originally charged last August with the manslaughter of Sgt Andrew Callanan on July 21st. He was also charged with arson.
He was remanded on bail on those charges on a number of occasions at Dublin District Court. Yesterday, the charge of manslaughter was dropped and the charge of capital murder, which carries a mandatory sentence of 40 years, was brought against him.
Mr O'Toole first appeared before Dublin District Court yesterday charged with the manslaughter of Sgt Callanan at Tallaght Garda station on July 21st, 1999. The court granted an application by the State to alter the charge from manslaughter to capital murder.
Mr O'Toole, who had already been on bail on a manslaughter charge, was later released on bail on the murder charge on the same terms when he appeared before Mr Justice Quirke in the High Court.
He was released on his own surety of £1,000 and an independent surety of £15,000 (which the court was told was being provided by his father). He must report to Crumlin Garda station each day and live at an address in Crumlin. He was also told he must not apply for a passport.
Mr George Birmingham, for Mr O'Toole, said his client had rigorously honoured the terms of his bail at all stages when charged with manslaughter. Mr John Quirke, for the State, said the Garda's objection to bail related to the seriousness of the offence which carried a mandatory 40-year prison sentence.
Granting bail, Mr Justice Quirke said the gardai were concerned that because of the gravity of the offence and the severity of the sentence, it was likely that Mr O'Toole would abscond. There was no evidence that he had done so in the past.
It was clear that he had assiduously observed the terms of his bail while charged with manslaughter.
The judge said he fully appreciated that the State had to make this application in view of the grave nature of the charge but he did not accept the Garda's belief would constitute a reason for refusing bail to Mr O'Toole. He said the accused man enjoyed the presumption of innocence.