Thursday 23 November 2017

Cystic fibrosis sufferer charged with having gun, drugs and stolen motorbike refused bail

Considered to be a 'flight risk'

The Criminal Courts of Justice in Dublin
The Criminal Courts of Justice in Dublin

Andrew Phelan

A CYSTIC Fibrosis sufferer has been charged with having a gun, ammunition, drugs and a stolen motorbike at his home following a raid by gardai investigating organised crime in west Dublin.

Dylan Mooney (22) was refused bail after gardai said he was a flight risk and had been due to fly to Spain on a holiday yesterday.

Judge David McHugh said the holiday plan showed that Mr Mooney was fit to travel despite his defence arguing that his medical condition kept him under “self-curfew.”

He remanded the defendant in custody for a week.

Mr Mooney is charged with five offences at his home at Sheephill Avenue in Blanchardstown on September 19.

He is charged with unlawful possession of a .380-inch Baikal semi-automatic pistol and eight rounds of ammunition, having cannabis with intent to sell or supply and possession of a stolen Ducati Monster motorcycle.

Detective Garda Edel Kenny of the Drugs and Organised Crime Bureau told Blanchardstown District Court she arrested the defendant at 7.15pm yesterday, September 20 at Finglas Garda Station.

He was charged in her presence at 7.34pm and made no reply to the charges. She said she was objecting to bail due to the seriousness of the allegations.

It was alleged that Mr Mooney had at his residence a gun, ammunition, drugs and a motorbike, she said.

Det Gda Kenny said she believed the accused was a potential flight risk and cited the potential sentence he could receive on conviction.

Applying for bail, defence solicitor John O’Doherty said Mr Mooney could surrender his passport, sign on daily at his local garda station and provide a contact phone number.

This might allay fears the gardai had in terms of “keeping him under check,” he said.

Det Gda Kenny said it “possibly would” but she was “in the court’s hands.”

Mr O’Doherty said the accused suffered from cystic fibrosis and was effectively under self-curfew. He was fed intravenously through his stomach daily and every four weeks he attended hospital for intravenous antibiotic treatment, Mr O’Doherty said.

Det Gda Kenny said the accused had booked flights and was going to leave the country for a week so he “can actually travel.”

Mr O’Doherty said the accused had told the gardai he was going on holiday to Spain. His girlfriend and family members were in court.

“It would appear he has the means financially and his physical condition allows him to travel,” Judge McHugh said.

Mr O’Doherty said it was portable medication and cost €12,000 per month. He also said there was a potential of infection while Mr Mooney is in custody.

“He is effectively attached to his medication on a daily basis,” Mr O’Doherty said. “He is at very critical risk in terms of his medication.”

Judge McHugh said he was satisfied the accused had the “physical ability to travel and the ability to flee and evade justice.”

He directed that the defendant is to be examined forthwith and recieve whatever medical attention is deemed necessary. He adjourned the case to September 27, when the accused will appear in Cloverhill District Court.

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