A west Clare farmer and father of six is set to spend Christmas behind bars on remand.
his follows John Morrissey (53) opting not to seek bail ahead of his trial for alleged criminal damage that arises from an alleged property dispute with a brother.
Mr Morrissey is contesting the charge and Covid 19 restrictions ruling out jury trials at Ennis courthouse for 2020 has resulted in the case being delayed and a date has now been set for trial for Limerick in February.
Mr Morrissey of Clonreddan, Cooraclare has been in custody since early May of this year and has now spent seven months in prison on remand.
Mr Morrissey was arrested by Gardai the same day his mother was buried arising from the alleged property row with his brother.
When the case was before the court in October, Judge Brian O’Callaghan stated that it was open for Mr Morrissey to seek bail when the case came back before court in December.
However, no bail application was made at Ennis Circuit Court for Mr Morrissey and Judge O’Callaghan has now remanded Mr Morrissey in custody to appear for trial at Limerick Circuit Court next February.
Mr Morrissey - now sporting a beard - appeared via video link from a room at the Midlands prison.
In the case, Mr Morrissey is charged with “causing significant internal and external structural damage to the home/house of Mary Morrissey and Tom Morrissey at Alva, Cooraclare” on December 13th last.
As part of the single criminal damage charge, John Morrissey is also charged with damaging the contents of the home/house of Mary Morrissey and Tom Morrissey.
John Morrissey is accused of demolishing the external garage of the home “and damage to the septic tank of the property belonged to Mary Morrissey and Tom Morrissey”.
The disputed property at the centre of the row was owned by Mr Morrissey’s late mother and she died in May. John Morrissey farms all of the land surrounding the house.
There are no further criminal court days at Ennis Circuit Court prior to Christmas but it is open to lawyers for Mr Morrissey, if instructed do so, to make a bail application at other court sittings.