Judge refuses to grant bail to burglar whose grandfather is ill

By Brion Hoban

A judge has refused to grant bail to a burglar whose grandfather has been diagnosed with lung cancer.

 Dublin Circuit Criminal Court heard Dominic Rogers (21) was on bail in June 2019 when he was caught with a stolen car and, three months later, broke into a home in Lucan, west Dublin.

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Dublin Circuit Criminal Court

 Detective Garda Hugh O’Carroll told Eoin Lawlor BL, for the DPP, that Rogers’ five previous convictions include possession of drugs and road traffic offences. He said the defendant was on bail at the time of all of these offences.

 Rogers of Arthur Griffith Park, Lucan,  previously pleaded guilty to possession of a stolen car at M1 Toll Plaza, Julianstown, Co Meath, on June 28, 2019, and to burglary at Foxpark, Finnstown, Lucan, on September 26, 2019. He is due to be sentenced on May 13.

 Det Gda O’Carroll said Rogers has taken nine bench warrants, all between May 2019 and July 2019 and failed to comply with the terms of his bail to sign-on at Lucan Garda Station on 83 occasions.

 He said there were objections to bail on the grounds that he did not believe Rogers would attend for his sentencing hearing if released on bail and had concerns that, if released, he wouldl commit further offences.

 Det Gda O’Carroll agreed with Pieter Le Vert BL, defending, that his client’s grandfather suffers from lung cancer and therefore cannot visit Rogers while he is in custody.

 He agreed that his client’s grandparents were aware of the risks of the Covid-19 situation, but were prepared to welcome Rogers into their home if he was granted bail.

 Mr Le Vert said it was his instructions that while his client had drug difficulties, he had completed a detox programme while in custody and was now drug free.

 Counsel said that Rogers was raised by his grandparents, who were anxious to see him and willing to take the risks. He asked for his client to be granted bail until his sentence date or, failing that, for several days to allow for his client to visit his grandparents.

 Judge Martin Nolan said he had come to the conclusion there was a likelihood that a custodial sentence would be imposed for the offences. He said it seemed to him that the garda objections were well founded and that he could not grant bail.

 Judge Nolan said he would be disposed to release Rogers on bail for one day if his grandfather were suffering from a terminal illness, but said that it was not the case that at this point his grandfather’s lung cancer was terminal.

 He remanded Rogers in custody and adjourned the matter for sentencing to May 13 next.

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