Kildare solicitor once again raises issue of allegedly awkward garda visit times for juvenile client

A solicitor has once again raised the issue of garda visiting times in relation to his client at Naas District Court.

David Powderly made the comments to Judge Desmond Zaidan in relation to a juvenile male he was representing on Thursday, January 5 last.

His client, who appeared in court with his mother, has been accused of taking part in an assault in Naas on Halloween Night last year.

Mr Powderly previously brought up the issue to Judge Zaidan on December 7 last.

He said that his client, who is a schoolboy, is subject to a curfew as part of his bail conditions, but has been woken up at 3am by gardaí, who are checking to make sure he is at his home residence (as part of his bail conditions).

Judge Zaidan said at the time that gardaí 'should strike a balance' in relation to checking up on the boy, and in response, a Garda Sergeant told him that she would pass on Mr Powderly’s concerns to those involved in the current investigation.

Defending solicitor David Powderly. File photograph.

On the latest court date however, Mr Powderly said that the visits continued to be an issue, as gardaí had visited his client on two separate occasions.

In one instance, gardaí conducted a check-up at his home at 4.30am, and in another instance, gardaí had conducted a check up there at 5.30am.

Judge Zaidan said that he was not going to restrict gardaí from searching the boy’s home.

However, he did ask if any of the gardaí involved in the investigation were present in court, in order to explain why they were calling at such early hours, to which he was informed that none were present.

The judge added: "If the gardaí have a good reason to visit during these hours, then I want to hear it."

Speaking directly to a Garda Sergeant who was present in the court, Judge Zaidan said: "Next time, make sure that one of the gardaí involved in the investigation is here."

The Sergeant replied that he would pass on the judge’s request to the investigating team.

As directions from the Director of Public Prosecutions (DPP) were not ready in the case, Judge Zaidan adjourned the case to a date in February, to allow time for DPP directions.

He remanded the boy on continuing bail until the case resumes.