Gardai have failed in an application to revoke a man’s bail on a charge of breaching a protection order after a judge heard he strongly denies an allegation that he breached his release conditions and claims to have an alibi.
The man, who cannot be named to protect the identity of the injured party, is accused of showing up at the building where his former partner works and where their child’s crèche is located – on June 6, the same day he had earlier appeared before Tallaght District Court charged with breaching a protection order and was granted bail.
Garda Catherine Conroy told the court that it is alleged the accused was captured on CCTV entering the building at 1pm and was seen being escorted out by another man. She said it is alleged the injured party saw him approaching the building and fled in fear, though there was no verbal exchange between them.
Gardaí allege that this visit constituted a breach of the strict bail conditions imposed earlier that day.
Garda Conroy applied to revoke bail under the O’Callaghan principles, citing concerns that the man may continue to intimidate or interfere with the injured party.
The court heard that gardaí had attempted to contact the accused in the two weeks following the alleged breach but received no response. He was ultimately arrested on June 19 at the former couple’s home, where the court heard he had remained living after the woman moved out. Gardaí were given permission by the injured party to forcibly enter the property.
However, Ethan Foley BL, defending, said his client strongly denies the allegations and disputed that he was the person in the CCTV footage. “There was no contact with the injured party,” Mr Foley said. “He didn’t speak to her. Their paths didn’t even cross. He also has a very good alibi for where he was that day.”
Mr Foley said the man was never told he couldn’t attend the building, where he had also previously worked, and which houses the child’s crèche. He submitted that the evidence was weak and based solely on Garda interpretation.
Judge Patricia McNamara acknowledged the complexity of the situation and the risk of further tension between the parties, particularly given the shared access to the couple’s children.
She decided not to revoke the man’s bail, but varied the existing conditions to include a strict prohibition from attending or going near his former partner’s place of work or its environs, including the car park.
“You are not to go anywhere near that building in any capacity – until this matter is concluded,” Judge McNamara warned the accused man. “Otherwise, you are intimidating the person.”
She also extended the existing protection order, which allows only limited contact for child welfare and access.
The accused was remanded on continuing bail to September 1 for a plea date, with a full hearing scheduled for January 15, 2026. A disclosure order was made, and legal aid granted.
Judge McNamara concluded: “Make sure you abide by all conditions. If you breach them, gardaí will be called – and you’ll be back before this court.”