‘Boomerang bail’ granted for Kildare woman who committed 12 domestic violence order breaches

'Boomerang bail' has been granted for a County Kildare woman who admitted to committing 12 domestic violence order breaches.

In summary, 'boomerang bail' refers to when a defendant is granted bail once they agree to go to into the care of, for example, a psychiatric unit or a rehab facility, and they are then returned to the prison services upon the completion of treatment.

The case, which was heard in-camera (in private) at Naas District Court on Thursday, July 18 last, concerns a woman who has been turning up to her mother's place of residence and demanding money for drugs.

Substitute judge Nicola-Jane Andrews was informed about the background to the case by gardaí, as well as the woman's solicitor, Brian Larkin.

Mr Larkin told the judge that his client, who was in custody at the time, has drug addiction issues, mental health issues and issues relating to self-harm.

He also told her that another relative of the woman was present in court.

An objection to bail was heard, in which a garda who was sworn in told Judge Andrews that they held concerns that the woman would go on to commit further breaches.

The garda also said that the woman had a number of bench warrants issued against her.

When asked by Garda Sergeant David Hanrahan about their main concern, the garda responded that they would be most concerned that the woman would interfere with witnesses; specifically, her mother.

It was heard that the woman has no previous convictions in relation to domestic violence order breaches.

Under cross-examination from Mr Larkin, the garda said that the woman breaching the order against her mother is 'an ongoing issue.'

Mr Larkin asked the garda: "Not to underplay the [severity of the] breaches, but on a scale, where would you place them?"

"On numerous occasions, the woman has been banging on the door of her mother's home and demanding money," the garda replied: "She has been shouting at her through the letterbox."

Mr Larkin then said: "It's an unfortunate set-up... my client has been remanded in custody for the last two weeks. I am putting it to you that she does not need prison, she needs treatment."

He added that bail 'is not supposed to be punitive'.

"Unfortunately, no bail conditions would alleviate my fears," the garda responded.

Mr Larkin asked the garda: "If a bed was available [for the woman] in a psychiatric unit, and if she voluntarily took it up, would that be of assistance?"

In response, gardaí present in court noted that they would be open to the idea of 'boomerang bail' being granted.

Judge Andrews agreed to grant 'boomerang bail' for the woman, based on the following conditions: she must stay out of her mother's hometown, except for when she has to collect social welfare payments; and in the event that a bed is made available, the woman is to be brought to the psychiatric unit by a member of the Irish Prison Service and admitted there until she completes treatment. Upon the completion of treatment, she is to be returned to prison.

Other conditions include:the woman must still comply with the conditions of the barring order; she must observe a daily curfew; she must reside at a listed address; she must have no contact with State witnesses; and she must be provide her phone number to gardaí and be contactable at all times.

The judge adjourned the case to a later date for mention, and remanded the woman in custody with the possibility of bail.

She also referred the woman to the probation services and noted that a victim impact statement may be required on the latest date.

If you have been affected by this article, you can find resources to help you by contacting Women's Aid at 1800 341 900 or emailing helpline@womensaid.ie, or Men's Aid by ringing 01 554 3811 or emailing hello@mensaid.ie.

Additionally, you can find resources to help you by emailing Samaritans Ireland at jo@samaritans.ie, or by ringing 116 123.