A Garda has been sent forward to stand trial on charges of burglary, criminal damage, assault and sending grossly offensive messages.
Alan O’Mahony, most recently stationed at Letterkenny Garda Station and currently suspended from the force, appeared at Letterkenny District Court.
Judge Emile Daly made an order formally sending O’Mahony forward to the next sitting of Letterkenny Circuit Court.
The accused, with an address at Onslow, Commons Road in Cork, faces a total of five charges.
He is charged that on June 30, 2024, at Wood Park, Lismonaghan, Letterkenny, did enter a building as a trespasser with intent to commit an arrestable offence, a charge contrary to section 12 (1a) of the Criminal Justice (Theft and Fraud) Offences Act, 2001.
He is also charged that on the same date and location, he did damage property to wit, a duvet by throwing a lit cigarette on the duvet and burning it, intending to damage such property or being reckless as to whether such property would be damaged contrary to section 2 (1) of the Criminal Damage Act, 1991.
O’Mahony is also charged with assaulting Joseph O’Donnell contrary to section 2 of the Non Fatal Offences Against the Person Act, 1997 and with causing damage to the handle of the front door of a house intending to damage such property or being reckless as to whether such property would be damaged. That charge is contrary to section 2 (1) of the Criminal Damage Act, 1991.
O’Mahony is further charged that on or about the same date, at or near Letterkenny, did send a grossly offensive communication, namely a photograph of a named woman to another person thereby distributing or sending with intent by doing so to cause harm contrary to section 4 (1) (a) (ii) of the Harassment Harmful Communications and Related Offences Act, 2020.
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O’Mahony was sent forward on four of the charges. State Solicitor for Donegal, Mr Kieran Dillon, advised the court that the section 2 assault charge to be added to the indictment would be added to the indictment at a later date.
Evidence was heard of the service of a book of evidence on O’Mahony, who was present in court but did not speak during the brief mention of the case.
Mr Dillon, told the court that the Director of Public Prosecutions (DPP) has consented for O’Mahony to be sent forward to the Circuit Court. An option of going forward on a signed plea was not taken up by the accused, Mr Dillon said.
Legal aid was granted to O’Mahony’s solicitor, Mr Patsy Gallagher, and one legal counsel was assigned in the case.
O’Mahony has been remanded on bail on condition that he reside at an address furnished to the court and that he have no contact, either directly or indirectly, with the alleged injured party or any witnesses in the case.