Clare court goes al fresco after accused show Covid symptoms

A CIRCUIT court judge conducted court proceedings in the fresh air on the steps of a courthouse after hearing two accused men in a case were exhibiting Covid-19 symptoms, writes Gordon Deegan.

At Ennis Circuit Court, Judge Brian O’Callaghan transferred court proceedings from his courtroom to the steps of Ennis courthouse and its car park due to what he called “the Covid-19 circumstances in the case”.

Shortly after 12.30pm this Monday afternoon, Judge O’Callaghan convened the court from the top of the courthouse steps for the arraignment of five men charged in respect of a violent disturbance at a charity kick-boxing event at a Shannon hotel three years ago.

Video footage of the brawl at the Saturday night event was posted on social media soon after.

At the bottom of the steps standing in the courthouse car park, five McDonagh men – all wearing masks – each replied ‘guilty’ when arraigned by the court registrar for the offences.

At the top of the steps stood Judge O’Callaghan who was accompanied by two court registrars for the ‘out-door court’.

On the steps, counsel for the State, Lorcan Connolly BL told Judge O’Callaghan that the pleas of guilt were acceptable to the DPP.

Also present for the outside court sitting was solicitor for the five, Daragh Hassett and barristers for the defendants.

After each accused had replied ‘guilty’, Judge O’Callaghan remanded all five on continuing bail to appear before Ennis Circuit Court on February 16 for sentence.

A number of the men said ‘Thank you, Judge’ and before returning to the courtroom, Judge O’Callaghan told all five ‘Stay Safe’.

Earlier in court, Mr Hassett told Judge O’Callaghan that two of his clients were exhibiting Covid-19 symptoms and had a test arranged for the afternoon while the other three were potential close contacts as all live close to one another. 

Mr Hassett said that all defendants were most anxious to enter their plea of guilty on Monday and were present in the car park all sitting in the one vehicle.

Mr Hassett suggested they could still be arraigned on Monday if that was physically possible and Mr Hassett agreed with counsel for the State, Lorcan Connolly BL that this could be safely done in the car park.

Judge O’Callaghan said that it was not appropriate due to the Covid-19 circumstances that the five accused men come into the court building.

After hearing submissions, Judge O’Callaghan said that the proceedings would be heard outside the courthouse building without the assistance of the court’s Digital Audio Recording (DAR).

When all parties, comprising Judge, two court registrars and State and defence legal teams returned to the court, Judge O’Callaghan said that the formal guilty pleas could be entered into the record for the DAR.

In the case, Thomas McDonagh (20) of Ballymurtagh Cross, Shannon, Bernard McDonagh (28) of St Helen’s Park, Ballymurtagh, Shannon, John McDonagh (22) of Ballymurtagh Cross, Shannon, Martin McDonagh (21) of St Helen’s Park, Shannon and Patrick McDonagh (25) of St Helen’s Park, Ballymurtagh, Shannon each pleaded guilty to engaging in violent disorder at the Oakwood hotel in Shannon on November 17 2018.

Bernard McDonagh also pleaded guilty to an additional charge of assault causing harm on the night.

Any person convicted of violent disorder in the circuit court faces a jail term of up to 10 years.