Two friends accused of stalking a former senior politician by allegedly shouting abuse at him, recording the incident and posting footage online have been granted bail with strict conditions. Our criminal defence solicitors represent clients facing stalking, harassment and public order charges from first appearance through to trial.
Leslie Fagan, 53, of Kildare Park, Crumlin, and Paul Nolan, 37, of Mount Eagle Square, Leopardstown, are both charged with stalking the former politician.
The alleged offence is said to have happened at Parnell Street, Dublin 1, on September 29 last year.
Dublin District Court heard that Garda Micheál MacSuibhne arrested both accused at Store Street Garda Station for the purpose of charging them. Neither man made any reply after caution.
The Director of Public Prosecutions had consented to the case being heard at District Court level, subject to the judge considering jurisdiction.
Outlining the prosecution case, Garda MacSuibhne alleged that the accused were cycling on Parnell Street when they saw the former politician walking and persistently followed him for a period of time.
It was alleged that they shouted verbal abuse in a threatening and aggressive manner, to the extent that the former politician feared the incident would escalate into violence.
The court heard allegations that both accused recorded the incident on their mobile phones and posted it to social media, where the footage attracted a substantial number of views.
Garda MacSuibhne alleged that the recordings were made in an attempt to intimidate the former politician.
Judge Michele Finan accepted jurisdiction, allowing the case to remain in the District Court.
There were no objections to bail subject to strict conditions. The judge granted both accused cashless bail on condition that they live at their home addresses, provide contact phone numbers and sign on twice weekly at their local garda stations.
They must stay out of the Dublin 1 and Dublin 2 areas and have no direct or indirect contact with the alleged victim, including by social media. They must also have no contact with anyone involved in the prosecution.
The court further ordered that neither man may post on social media about the case or anyone involved in it.
Judge Finan warned both accused that gardaí could apply to have bail revoked if any of the conditions were breached.
Most of the bail terms were agreed by the accused, but further conditions sought by gardaí were opposed by defence solicitor Tony Collier, who described them as excessive and disproportionate.
Garda MacSuibhne had initially asked that the accused be required to stay off social media entirely and stay away from each other.
Mr Collier said those conditions were unnecessary, noting that Mr Nolan and Mr Fagan were close friends, that their families socialised together, and that there was crossover between their lives.
The garda said the prosecution case was that the accused had acted in concert and had travelled into the city centre together that day.
Mr Collier also opposed a proposed requirement that the men sign on three times weekly, describing it as an unnecessary intrusion.
Judge Finan did not include those additional conditions in the bail terms.
The court ordered disclosure of prosecution evidence, including the accused's garda interview videos, and adjourned the cases to July 24 for the men to indicate how they intend to plead.
Free legal aid was granted to both accused after Mr Collier submitted statements of their financial means.