A Kilrush businessman who survived a murder attempt last month yesterday appeared in court charged with threatening to kill a Limerick woman.
At Ennis District Court yesterday, Mr Anthony Kelly (46) appeared on charges of threatening to kill or cause serious harm to Ms Christina McCarthy at Craggagh, Fanore, in north Clare on August 17th last.
On August 21st, Mr Kelly of Crag House, Kilrush, was shot four times at his home and was only recently allowed to leave hospital. No one has yet been arrested in connection with the murder attempt.
Gardaí opposed bail yesterday, with Det Garda Gerard Healy telling the court that Ms McCarthy contacted gardaí yesterday to say she was in fear of coming to court and would not attend the hearing.
Garda Healy expressed concern that the alleged victim might be subject to intimidation if Mr Kelly was released on bail and that he would commit further serious offences.
Mr Kelly's solicitor, Mr Eugene O'Kelly, said that his client is presumed innocent and that the gardaí had offered no direct evidence as to why his client should not receive bail.
In response to a query by Mr O'Kelly as to whether there had been any contact between Mr Kelly and Ms McCarthy since the alleged incident on August 17th last, Garda Healy replied: "No".
Mr O'Kelly told the court yesterday that Mr Kelly has a serious medical condition as a result of a murder attempt on his life. He told the court that his client still has two bullets in his back and has yet to have them removed.
Asked by Mr O'Kelly was there any fear that Mr Kelly would abscond if on bail, Det Garda Healy responded: "No".
Mr O'Kelly said that the State has not presented any evidence that the accused would commit a serious offence if released on bail.
Mr O'Kelly added that his client would submit himself to any bail condition imposed.
Judge Mangan granted bail to Mr Kelly.
As part of his conditions, Mr Kelly is not to have any contact, direct or indirect, with the alleged injured party; is not go to Limerick, except to meet his accountant or for medical appointments; and must sign on twice daily at Kilrush Garda station and lodge a bail bond of €1,000.
Mr Kelly is to reappear before Lisdoonvarna District Court on November 19th.