Thomas McInerney (39) of Twomey Park, Mountmellick; William McInerney (35) of Newline Close, Mountrath; and Gerard McInerney (38) of Woodbrook, Mountrath; appeared in Cloverhill District Court this Tuesday and were once more remanded in custody after spending nearly four months in prison.

Although a deadline for the director of public prosecution (DPP) to give directions on the case had expired, judge William Hamill rejected the defendants’ application to have the it struck out.

Jury

“It’s a complex matter, the DPP needs more time,” Garda Sgt Mark O’Connell told the court.

“They have had since 11 July,” defence solicitors Fergal Boyle and Gillian Finane replied in reference to the date when the co-accused were arrested after allegedly ramming Garda cars with a stolen jeep.

In the absence of DPP directions as to which court the case should be sent to, Judge Hamill asked for more information from Sgt O’Connell to determine whether it was a “minor case”, which would stay in the District Court, or should be referred to a jury-based Circuit Court, which deals with more serious offences.

In excess of 200 burglaries investigated across four garda divisions

Sgt O’Connell said the three men had been arrested in a stolen jeep transporting stolen items. As previously reported, gardaí identified some of the property as having been stolen from farms in the midlands.

Sgt O’Connell added that the jeep was towing a trailer “stolen in the previous two weeks” and contained balaclavas, hammers and torches, which gardaí believed were intended to be used in burglaries.

Asked by the court why this case was taking so long, he said there were “in excess of 200 burglaries investigated over four garda divisions”.

Sgt O’Connell also told the court that the three co-accused were recently re-arrested on other charges. The Irish Farmers Journal understands that Thomas, William and Gerard McInerney were questioned on 6 October while in prison in relation to alleged offences similar to the stolen property possession charge already before the court.

Judge Hamill refused jurisdiction in the case, effectively referring it to the Circuit Criminal Court. The prosecution now has six weeks to prepare the book of evidence, after which the Circuit Criminal Court is due to receive the case and set a date to hear it.

The court has gone a step too far

While Thomas and William McInenerney both appeared by video link, while Gerard McInerney was in court in person and gestured to members of his family in the audience as he entered the courtroom. The defendants did not speak except to state their names.

Representing Gerard McInerney, Mr Boyle argued that the case should have been struck out and said: “Procedurally, the court has gone a step too far.” The three defendants are due to appear again before Cloverhill District Court in two weeks’ time and the Irish Farmers Journal understands that the defence is considering whether to challenge the judge’s decision.

Defence lawyers have repeatedly asked for their clients to be released at successive District Court hearings this autumn. Representing Gerard McInerney last month, solicitor Aoife O’Halloran said her client was “extremely distressed at the delay”.

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Further remand for men charged with possession of stolen farm goods