A 25-year-old man who appeared at Dingle District Court yesterday on a charge of raping a young girl was given consent to bail in spite of opposition from the gardaí.
The sergeant in the case had asked that the accused be remanded in custody and he gave a number of reasons for his opposition to bail, among them his belief witnesses would be interfered with and because the victim and the accused were living near one another.
The man was charged under Section 21 of the Criminal Law Rape Amendment Act of the rape of the girl in a south Kerry village on February 11th last.
Sgt Gerard Lee gave evidence of arresting and charging the man on Thursday. "He made no reply," Sgt Lee said.
He wanted the accused remanded in custody until his next court appearance at Tralee District Court on Wednesday next.
Out on bail, there was a likelihood the accused would not stay within the jurisdiction to face the charge, Sgt Lee said.
There was the seriousness of the charge and "the possibility of interference with witnesses in this case" .
He was opposing bail too on the grounds of his previous dealings with the accused over a number of years and "because of the proximity of the places of abode of the accused and victim," he explained when questioned further by Judge Terence Finn.
The man had no steady employment and no ties keeping him in the area and had worked outside the jurisdiction before.
Solicitor for the accused, Mr Gerry O'Connor, said his client had been co-operative with the gardaí. An order could be made that he would reside with members of his family at another address and there was no indication he would not turn up for trial.
He was living in the area and always based locally, he said.
The man had a two-year-old child and "is very much based in the area."
Judge Finn adjourned the court briefly to allow the solicitor and his client's family to consult on the matter of an alternative address.
On resumption of court, Judge Finn granted bail on condition the man reside at an address provided to the court in a town outside the area, and that he sign on at the local garda station daily. He should not attempt to come within a distance of 10 miles of the village or attempt to make contact directly or indirectly with the injured parties or witnesses, Judge Finn said.
He granted bail on the man's own bond of €3,000 and that of an independent surety of €12,000. He later changed this latter to a cash surety saying he could not approve the man's father who had offered the surety.
The father of the accused told Judge Finn he had no assets and lived in rented accommodation. His brother in England who owned a farm and a house in the area had offered "an open cheque", the father of the accused said.
The accused, who cannot be named for legal reasons, sat impassively throughout the proceedings. Family members who appeared in court with him were visibly upset.