Longford man charged with serious assault refused bail variation

A Longford town man had an application to vary his bail conditions refused at last week’s sitting of Longford District Court.
Willie McGinley is charged with a Section 3 assault that occurred on June 11 this year.

His bail conditions stated that he must reside outside Co Longford. His solicitor, Fiona Baxter, had applied to have the conditions amended so that he could live in his father-in-law’s house outside Longford town.
Gardaí objected to the application, on the basis that the defendant is charged with a serious offence.
Following the incident on June 11, Mr McGinley was arrested at the scene, brought to court and subsequently entered into a number of bail conditions.

Mr McGinley, with an address at 5 Glack View, Longford, is charged with a Section 3 assault, which occurred outside Gala Service Station, Dublin Road, Longford on June 11.
It is alleged that Mr McGinley assaulted Jim Hanafin. Mr McGinley had got into an altercation with Mr Hanafin and his brother Denis.
The assault on Jim Hanafin resulted in him receiving urgent medical treatment.

Outlining the events on June 11, which were captured on CCTV, Fiona Baxter told the court, “my client went into the shop. He was followed by Jim Hanafin. Then, Denis Hanafin arrived at the scene. My client was outnumbered by 2 to 1,” she explained.
She then stated that another associate of the Hanafins arrived at the scene.
While all this was going on, Mr McGinley’s wife, Pauline and their child were in Mr McGinley’s jeep.
“In the CCTV footage, my client pointed out where Denis Hanafin took an implement from the middle seat of his vehicle,” Ms Baxter stated.

“My client advised gardaí that threats were made to him in relation to his wife and child,” she added.
According to gardaí, threats were made to Pauline McGinley while she sat in the jeep outside the service station. She rang the gardaí.
Gardaí were informed by witnesses that a knife was used to injure Mr Hanafin. This knife was never recovered.
Mr McGinley was arrested and subsequently brought to court. There was no objection to him receiving bail, because he provided an address outside Longford.
Fiona Baxter told the court that her client, his wife Pauline and their young child were living in difficult conditions in a halting site in Mullingar at present.
“There is neither electricity or water on the site and there is also a dispute on the site between a number of families,” Ms Baxter stated.

Ms Baxter’s application to amend the bail conditions stated that her client would reside at the address of his father-in-law a few miles from Longford town.
“He would not do anything in county Longford except sleep in this house,” Ms Baxter stated. She also told the court that her client had also sustained injuries in the altercation.
The house, in Coolenny, Dublin Road, was that of his father-in-law, Martin McGinley. Mr McGinley gave an undertaking to the court that he would effectively police the amended bail conditions of his son-in-law.

Martin McGinley also brought €1,000 to court as an indication of his intent.
“Mr McGinley is welcome to reside at my property,” he told the court.
Garda Alan Doherty told the court that if the bail conditions were varied, the gardaí would have concerns that Willie McGinley would interfere with witnesses.
Garda Doherty also told the court that the day before the court sitting, July 8, he met Willie McGinley in Mullingar Garda station.
“I took a statement of complaint from Mr McGinley. A picture was circulated of his father-in-law’s house. There was a threat made to burn down the house. The gardaí would have grave concerns if Mr McGinley resided at his father-in-law’s house,” Garda Doherty stated.
Pauline McGinley told the court that the family are now living in a halting bay in Mullingar, which has no electricity or shower facilities.

She also assured the court that her husband would not do anything in county Longford except living in her father’s house, if the bail conditions were amended.
Objecting to the bail conditions being amended, Sergeant Enda Daly told the court that Jim Hanafin was “effectively stabbed” by Willie McGinley.
“The goalposts have changed in relation to the bail conditions, in relation to Mr McGinley and his legal team. I am shocked that this application has come in so soon,” he stated.

Summing up her application on behalf of her client, Ms Baxter told the court that “we are dealing here with a young family here. Mr McGinley has done everything right. He is trying to put a roof over the heads of his family.”
“This matter will not be dealt with anytime soon. These investigations take a long time. This family is living in difficult conditions. I am asking for their human rights to be vindicated,” she stated.

In her summing up, Judge Bernadette Owens stated, “I am satisfied that it is reasonable under the terms of the bail conditions that Mr McGinley should reside outside Longford. I am refusing the application.”