A DISTRICT Court judge told a man he would “swallow him up and spit him out” before he refused his bail and remanded him in custody, it has been claimed before the High Court.
The State has agreed to release John Gavin on bail.
Judge Seán MacBride also told Mr Gavin that he was “mentally and psychologically superior” to Mr Gavin and would “put manners” on him, Mr Gavin alleged in his challenge to the legality of his detention brought under article 40 of the Constitution.
Mr Gavin, Moyne Park, Moyne Road, Baldoyle, Dublin, appeared before Judge McBride arising from charges of theft of a caravan and a wheel brace contrary to the Theft and Fraud Offences Act 2011.
He was remanded in custody at Castlerea Prison last week after Judge MacBride, sitting at Virginia District Court in Co Cavan, refused bail.
Micheál P O’Higgins SC, for Mr Gavin, then sought and secured a High Court inquiry under article 40 into the legality of his detention on grounds including that the judge’s comments indicated bias against Mr Gavin. Judge MacBride failed to consider the bail application fairly and presumed Mr Gavin’s guilt while adjudicating on bail, it was argued.
At the High Court this week, Mr Justice George Birmingham was told the State was consenting to Mr Gavin’s release on bail and it was also agreed that Mr Gavin’s case would not be heard by Judge MacBride.
In an affidavit, solicitor Joseph Coonan, of John Feaheny Co, for Mr Gavin, said he attended the sitting before Judge MacBride.
Mr Coonan said he had addressed the court without realising he had one hand in his pocket and Judge McBride had said: “How dare you speak to me like that, have you anything to say for yourself?”.
Mr Coonan said he did not know the judge was referring to his hand being in his pocket, but Judge MacBride continued: “How dare you speak to me with your hand in your pocket, I’ll hold you in contempt of court.”
The judge then rose for five minutes and ordered a Garda inspector to escort Mr Coonan into his chambers.
Mr Coonan said he apologised to the judge there and said no insult was intended. He said the judge told him: “I am a Donegal man and we don’t suffer fools. There was another practitioner who spoke to me like that in Donegal and I put manners on him and I am going to put manners on you too.”
Mr Coonan added that when Mr Gavin was being sworn to give evidence on bail, Judge McBride had said: “Inspector, I want an armed member of An Garda Síochána between me and the accused at all times and in future.”