Armed gardaí had to deploy pepper spray and tasers to get under control a 60-year-old part-time farmer who was armed with a hatchet, a court has heard.
At Gort District Court, Garda Eugene Boyce gave an outline of the incident on November 20 / November 21 concerning Galway man, Gerard Nestor as gardaí successfully objected to Nestor’s application to vary his bail conditions to allow him to go into Gort.
Garda Boyce said that he was present at the incident on November 20 / November 21 last and told the court: “Such was the gravity and danger posed by the actions of Mr. Nestor, he had to be tasered and pepper sprayed by armed gardaí to bring the situation under control and make his arrest.”
Judge Adrian Harris refused Nestor’s application to be able to go into Gort while on bail after the alleged injured party in the case, John O’Donoghue (46) of Bunasrah, Ennis Rd, Gort expressed his own concerns if Nestor is allowed to return to Gort.
John O’Donoghue said that the situation has escalated in recent weeks “because I have now built a wall to separate my land from Mr. Nestor’s”.
O’Donoghue alleged that Nestor has taken down his new wall twice and that Nestor “produced a hatchet and it took the Garda RSU (Regional Support Unit) from Limerick to stop him”.
The two men also each face a charge of assault causing harm against each other at Bunasrah on September 29th 2022.
Court
Solicitor for Gerard Nestor, John Nash put it to John O’Donoghue that “it is not all one-way traffic” referring to the September 2022 assault charge against him.
In response, O’Donoghue said: “I was defending myself.”
Garda Boyce said that he has a concern that further incidents will occur if Nestor is allowed back into Gort.
Solicitor John Nash said that Nestor has farmland in the Gort area and animals need to be looked after. Garda Boyce said that family members of Nestor might be able to assist with the animals.
The solicitor said that what is before the court are only allegations and that his client has the presumption of innocence adding that his client is getting bail in name only, if he has to stay out of Gort.
Inspector Stan O’Grady said that Nestor “owns a considerable amount of property”.
In the case, Nestor of Dun Na Mara Drive, Renmore, Galway and College Rd., Galway is charged with producing a hatchet at Bunasrah, Ennis Rd, Gort while committing alleged criminal damage contrary to Section 11 of the Firearms and Offensive Weapons Act on November 21.
Nestor is also charged with the criminal damage of a block wall belonging to John O’Donoghue on dates between November 20 and November 21 at Bunasrah, Ennis Rd, Gort.
Nestor is also charged with the criminal damage of a shed door belonging to John O’Donoghue on November 20 at the same address and also faces a charge of dangerous driving at Laghtyshaughnessy, Gort on November 6, 2024.
He is further charged with the assault causing harm of John O’Donoghue at Bunasrah, Ennis Rd, Gort on September 29, 2022.
In turn, John O’Donoghue is charged with the assault of Nestor at the same location on the same date.
Judge Harris adjourned the assault cases to February of next year for mention.