By Gordon Deegan

A 64-year-old west Clare farmer has narrowly avoided being remanded in custody after changing his mind to agree to a bail condition not to have any contact with his brother.

At Ennis District Court today (Thursday, October 15) Judge Olivia Traynor initially signed a committal warrant for Michael McNamara to be remanded in custody to Limerick prison after he  refused four times in court to agree to a bail condition not to have any contact with his brother, Leonard.

Judge Traynor told Michael McNamara of Church Street, Kilmihil that she was loath to remand him in custody but said that his refusal to agree to the condition concerning his brother gave her no option.

On asking Michael McNamara for a fourth time if he was agreeable not to have any contact with his brother as part of his bail, he said that the condition makes it very difficult to have any contact with his brother.

Judge Traynor told him: “You understand Mr McNamara your brother doesn’t want you going there and doesn’t want any contact from you?”

Judge Traynor initially remanded Michael McNamara in custody to appear via video-link from Limerick prison at Ennis District Court on Friday.

Gardai led Michael McNamara to a Garda van parked outside the courthouse and placed him in the back of the Garda van for the onward journey to Limerick prison.

However, Sgt Frank O’Grady came into court an hour later to say that his time in the back of the Garda van appeared to have changed his mind and he was now willing to sign the bail bond to stay away from his brother’s property and not have any contact with him.

Court

Gardai returned Michael McNamara to court where he confirmed that he was now willing to stay away from his brother and Judge Traynor canceled the committal warrant to Limerick prison and instead remanded Michael McNamara on bail to appear before court next Tuesday at Kilrush District Court.

In the case, Michael McNamara is before the court concerning the alleged criminal damage of ten round bales belonging to his brother, Leonard McNamara on dates between October 2 and October 14 at Glenmore Rd, Knockbeg, Kilmihil in west Clare.

Michael McNamara is also charged with failing to comply to with the direction of Garda Donagh Fawl on October 14 having been found in the curtilage of his brother Leonard McNamara’s property at  Tarmon Roe, Glenmore Rd, Knockbeg, Kilmihil, Co Clare contrary to the provisions of Section 13(1) of the Criminal Justice (Public Order) Act.

In court Sgt. O’Grady said that Gardai had no objection to bail on condition that Michael McNamara stays away from his brother, Leonard’s property at Tarmon Roe and not have any contact with Leonard McNamara or his family.

Asked if he would stay away from his brother’s property, Michael McNamara replied “Why should I?”.

Garda Fawl gave evidence that when he found Michael McNamara on the Tarmon Roe property on October 14, he was belligerent and initially gave no undertaking to move on.

Garda Fawl said that Michael McNamara eventually left “and we left the scene and a short time later we were called back”.

Garda Fawl said that Michael McNamara is carrying out conduct which is obstructing his brother, Leonard and family having the use of their property.

Garda Fawl said that Michael McNamara resides at Church Street Kilmihil which is located 1km from farm sheds that Michael uses.

The Garda witness said that the two brothers have not been talking but that Michael McNamara has been able to farm from there as he wishes for the last year and a half.