Two men have been refused bail after an alleged burglary at a Circle K station in south Dublin, where €10,741 worth of cigarettes and vapes were found packed into black bags.
Michael Connors (49) and Michael Cash (34) appeared before Dún Laoghaire District Court, sitting at the Criminal Courts of Justice, following their arrests as part of Operation Thor and an ongoing Garda investigation into thefts and burglaries across Dublin.
Mr Connors, of Kilbogget Grove, Cabinteely, was charged with burglary and possession of a one-metre-long wooden bat with the intention that it be used in the course of a burglary.
He had 67 charges before the court in total, but only two related to the Circle K incident on September 7 last. The remaining 65 concern separate alleged thefts and associated criminal damage during July and August.
Mr Cash, of Ashlawn Park, Ballybrack, was charged with the same two offences arising from the Circle K incident.
He had 10 charges before the court in total, with two relating to the Circle K incident and the remaining charges concerning separate alleged offences.
The court heard that two men wearing white face masks were apprehended by gardaí at Circle K Eglington on the N11 Bray Road in Cabinteely at around 3am on Monday morning.
A side door at the premises had allegedly been forced open, while the men were alleged to be in possession of black bags containing €10,741 worth of cigarettes and vapes. A one-metre-long wooden bat was also found in their possession, the court was told.
Garda Andrew Hughes objected to bail for Mr Connors under Section 2 of the Bail Act and on O’Callaghan grounds.
He told the court that Mr Connors had been identified on CCTV.
Garda Hughes said Mr Connors lived less than 50 metres from the Circle K and raised concerns about staff working there, who had expressed fears about Mr Connors returning to the shop.
Defence solicitor, Andrew Vallely, questioned whether strict bail conditions could deal with those concerns, including requiring Mr Connors to stay away from the Circle K or live outside Dublin.
Garda Hughes said there were no conditions which would satisfy his concerns and pointed out that Mr Connors’ family were based in the area.
Mr Vallely pointed out that only Mr Connors was applying for bail and not his entire family. He told the court his client had suffered two recent bereavements, with his mother dying a number of weeks ago and his brother also having died recently.
He said Mr Connors had addiction difficulties, including problems with alcohol, but was receiving treatment and would benefit from continuing that treatment outside custody.
Mr Vallely said his client had wider family support and could live at another address if granted bail.
He also argued that many of the other charges before the court related to alleged shop thefts and associated damage to magnetic doors, rather than separate incidents of extensive criminal damage.
Judge Fottrell expressed sympathy to Mr Connors over his recent bereavements and stressed that he came before the court with the presumption of innocence.
The judge said he was not satisfied that the Garda objection under Section 2 of the Bail Act had been established, but was satisfied that the objection under the O’Callaghan rules had been made out.
He said that he had concerns Mr Connors would attempt to evade justice if released and also expressed concern about the possible intimidation of witnesses working at the Circle K.
He refused bail on O’Callaghan grounds and remanded Mr Connors in custody to appear at Cloverhill District Court by video link on September 15.
Legal aid was granted to Mr Vallely after the court was told Mr Connors was not working.
In a separate bail hearing, Garda Shane O’Connor objected to bail for Mr Cash under Section 2 of the Bail Act.
The court heard Mr Cash was apprehended at the Circle K shop but, after displaying seizure-like symptoms, was taken to St Vincent’s University Hospital where he was then arrested at around 6am.
Mr Cash told Judge Fottrell he was aware his solicitor was unavailable because of strike action and agreed to proceed with his bail application in their absence.
Garda O’Connor told the court there were no bail conditions which would alleviate his concerns and objected to Mr Cash’s release on the grounds that further serious offences could be committed.
Mr Cash told the judge he was seeking bail because his father was seriously ill in hospital.
“The reason I’m applying for bail is my father is dying at the moment in hospital”, he told Judge Fottrell.
Judge Fottrell acknowledged Mr Cash’s circumstances but said he was satisfied the Section 2 objection had been established.
He refused bail on the grounds that it was necessary to prevent the further offences being committed.
Mr Cash was also remanded in custody to appear at Cloverhill District Court by video link on September 15.