Man remanded in custody charged with father's murder

An 18-year-old man was remanded in custody when he appeared at Ballyhaunis District Court, Co Mayo, yesterday, charged with the…

An 18-year-old man was remanded in custody when he appeared at Ballyhaunis District Court, Co Mayo, yesterday, charged with the murder of his father.

Thomas Cunningham jnr, The Commons, Ballinlough, Co Roscommon, had earlier been charged at Castlerea Garda station by Sgt Joseph Delaney with the murder of his father, Thomas Cunningham snr, at their home last August.

The accused presented himself at the Garda station by arrangement in the company of his solicitor, Evan O'Dwyer. On being charged at 9.56am., Mr Cunningham made no reply.

Later in the day, Mr Cunningham appeared before Judge Aeneas McCarthy at Ballyhaunis District Court and was remanded in custody to appear at Harristown District Court, Castlerea, tomorrow.

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During the brief court appearance Mr O'Dwyer read a short statement on behalf of his client in which he explained that Mr Cunningham had left the jurisdiction late last year because he was free to do so after being released from custody by a District Court judge.

Mr O'Dwyer stressed that Mr Cunningham had at all times expressed a desire to meet the charges before the court and in doing so he had fully co-operated with gardaí and his actions had revived the State's case against him.

Last November, Mr Cunningham was released from custody twice on the same day - firstly at Harristown District Court and later at Charlestown District Court, Co Mayo.

He had been in custody since August charged with assault causing harm to his 46-year-old father, Thomas Cunningham snr, whose body was found in the garden of his home.

When Mr Cunningham appeared before Judge David Anderson at Harristown Court in November, the judge was told by the State that the report of the State Pathologist, Prof Marie Cassidy, which was needed for the finalising of the book of evidence, was not to hand.

Mr O'Dwyer pointed out that his client was detained only on a charge of assault causing bodily harm, nothing more serious than that.

He added that his client's liberty was more important than the workload of the State Pathologist and it was not justifiable for him (Mr Cunningham) to remain in prison simply because Prof Cassidy had been unable to complete her work.

Judge Anderson agreed with Mr O'Dwyer and ordered the release of the accused.

However, Mr Cunningham was re-arrested outside the court. Later in the day he was again brought before Judge Anderson, this time at a sitting of Charlestown District Court.

An application by the State to remand Mr Cunningham in custody was again opposed by Mr O'Dwyer who said the purpose of the arrest was simply to get the accused back in custody.

Judge Anderson agreed and for a second time that day ordered the release of the accused from custody.