Two brothers accused of carrying out an aggravated burglary at the home of a 53-year-old woman in Cork while armed with a shovel and the leg of a table on the bank holiday Monday were refused bail today.
Richard McCarthy, 32, and Stephen McCarthy, 27, with addresses at Spring Lane halting site in Cork appeared at Cork District Court this afternoon.
They were both remanded in custody by Judge Olann Kelleher.
Detective Sergeant Kieran O’Sullivan testified that at 1.05pm today he arrested Richard McCarthy and charged him with one count of aggravated burglary. The defendant made no reply to the charge.
He applied through his solicitor, Vicki Buckley, to be released on bail but there was a prosecution objection to bail.
Det. Sgt. O’Sullivan said one of the grounds for the objection was the seriousness of the charge, aggravated burglary, which can carry a maximum sentence of life imprisonment on indictment.
“The evidence is particularly strong. On June 1 at 7.53pm it is alleged that Richard McCarthy went to 65 Ballinderry Park and threatened the occupants of the house. They (the defendant and another man) had no permission to be in the house. They had a large wooden leg of a table and a shovel. Richard McCarthy was arrested at the scene. CCTV recovered from the area showed the defendant. The injured party identified him as Richard McCarthy. He was caught red-handed and a weapon was recovered.
“It is alleged that if granted bail he would return to the scene and intimidate the Duggan family of 65 Ballinderry Park,” Det. Sgt. O’Sullivan said.
Vicki Buckley, solicitor, said there was no issue between the defendant and the Duggans, he was not going to disappear and he would sign daily at his local garda station if granted bail.
Judge Kelleher refused bail and remanded the accused in custody until June 9.
Stephen McCarthy was also charged with aggravated burglary, he made no reply after caution, and again Det. Sgt. O’Sullivan objected to bail being granted to him.
Again the seriousness of the charge was put forward as one of the grounds for objection. The same allegations were made in relation to the alleged offence, namely that two men armed with a shovel and table leg entered the Duggan house in Ballinderry Park without permission on Monday evening.
Mr Buttimer suggested in relation to Stephen McCarthy that, “There was some untoward contact from the house causing him to go in?”
Det. Sgt. O’Sullivan said, “I cannot comment on that.”
Mr Buttimer said, “There was initially no complaint of burglary and that whatever complaint there was, came from neighbours. And it was later that a complaint of burglary was made.”
The detective said that was correct.
Judge O’Leary also refused bail and remanded him in custody until June 9.
Both brothers will appear at Cork District Court by video link from prison on that date.