Man who tried to flee court is sent forward for trial

A man has been sent forward for trial, on a plea of guilty, for trying to escape garda custody in a courthouse, and on a charge of assault, relating to the same incident.

Man who tried to flee court is sent forward for trial

James McCarney, 40, had previously appeared in the district court on February 7, in relation to charges of dangerous driving and of having no insurance at a garda checkpoint the previous day.

At that court appearance, he was refused bail and then appeared to try and flee the courtroom. He was tackled by a number of gardaí, one of whom was injured.

That led to a subsequent court appearance, a week ago, in Bandon District Court. There, Mr McCarney, who has given an address at Balmore, Torrance, in Glasgow, and also at Rossmore, Clonakilty, in Co Cork, was charged with assault and resisting a garda in the execution of his duty, at Macroom District Court, on February 7, and with attempting to escape from garda custody, at the court on the same date.

Insp Pat Meany said, yesterday, that the Director of Public Prosecutions had directed the charges of dangerous driving and no insurance be dealt with at district court level, but that the two charges arising out of the incident at Macroom, on February 7, be sent forward to the Cork Circuit Criminal Court.

The previous court sitting involving Mr McCarney, a businessman, had heard that he had apologised for his actions and would be pleading guilty to the charges.

Bandon District Court heard, yesterday, that the DPP also consented to Mr McCarney being sent forward to the Cork Circuit Criminal Court on a signed plea — something which would speed up the trial process, as it would not require a book of evidence.

Mr McCarney’s solicitor, Eamonn Fleming, said his client had already indicated a plea of guilty in relation to the dangerous-driving charge from the checkpoint at Tooreen, Ballinhassig, on February 6.

However, he said he was not in a position to advise as to the no-insurance charge faced by his client, as he had not seen an insurance policy, and documents had not been forthcoming.

He also applied, again, for his client to be released on bail, but Judge Mary Dorgan said she had already dealt with this. “I am going to recuse myself from dealing with this matter,” she said, and that the alleged incident on February 7 had happened in her court and that it was “important for justice to be done and for justice to be seen to be done”.

She said she had organised for another judge to hear the district court matters, next Thursday, but Mr Fleming said he could not say whether he would have received all the information he required, so as to enter a plea, by then. Those matters will be mentioned on March 2, while Mr McCarney will be sent forward for trial, possibly as early as next week, in the Circuit Criminal Court, regarding the February 7 incident.

Mr Fleming said this would happen on a signed plea of guilty and added: “The matter can be dealt with more promptly in the circuit court.”

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