A judge has set bail at €11,500 with strict conditions for two men charged over an aggravated burglary at the home of severely injured Sligo pensioner Tom Niland.
The farmer, 73, remains on life support after a “horrific” incident at his home in Doonflynn, Skreen, Co Sligo, on January 18th.
Gardaí later charged John Clarke, 33, of Carrowkelly, Ballina, Co Mayo, Francis Harmon, 54, Nephin Court, Killala Road, Ballina and John Irving, 28, of Shanwar, Foxford, Co Mayo, with aggravated burglary in connection with the incident.
All three were remanded in custody on March 10th and two weeks later, at Sligo District Court, Mr Irving and Mr Clarke were refused bail by Judge Alan Mitchell.
Mr Irving and Mr Clarke brought a new bail application to the High Court, which opened before Mr Justice David Keane last week.
The State objected due to the seriousness of the case and flight risk fears.
Delivering his ruling on Thursday Mr Justice Keane held conditions could offset the prosecution’s concerns.
He noted the defendants had limited means and he set bail in bonds of €1,500, with €500 to be lodged in each case.
He also stipulated that they needed independent sureties, both in the sum of €10,000. If necessary, they are to be permitted two independent sureties of €5,000, which could be approved in the district court.
The two men appeared via a video link to Castlerea Prison but did not address the court.
Mr Justice Keane ordered them to provide gardaí with mobile phone numbers and remain contactable 25/7, sign on daily at a Garda station, obey 8 pm to 8 am curfews, surrender passports and travel documents and not apply for new ones.
Mr Clarke must live at his current residence; the co-defendant has to stay at an address that has to be approved by gardaí.
Cross-examined by defence counsel Aoife O’Leary, Detective Sergeant Kelly said bail conditions would not alleviate his concerns.
The court heard father of three, Mr Irving, was on social welfare and arrested while collecting his payment. Counsel said he had family ties, his mother with whom he lived and his grandmother, both in ill health.
The barrister submitted that he did not have a passport or driving licence and did not have the means to leave the country. She said he could raise €500 bail.
Mr Clarke, a father of three, was on disability benefit and resided with his mother.
Their barrister said they were willing to abide by any conditions.
Prior to the High Court having been confirmed, Mr Clarke had told his solicitor and Sligo District Court that he had been granted bail during an appearance before the court.
Apparently unaware of the development up until that point, Mark Mullaney asked Judge Sandra Murphy if she would remand Mr Clarke for a week given the circumstances.
Remanding Mr Clarke in custody for a further week , Judge Sandra Murphy said confirmation in the meantime of any High Court order would supersede the District Court ruling.
Judge Murphy was told at Thursday’s sitting that the Garda investigation was at an advanced state and that a file would be forwarded to the Director of Public Prosecutions “fairly soon”.
