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Offaly man at centre of legal aid dispute appears in court again

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Offaly man at centre of legal aid dispute appears in court again

A MAN who withdrew an application for legal aid after Tullamore District Court was told that €90,000 had gone through his credit union account appeared briefly before Judge Andrew Cody again last week.

Martin Cawley of Harbour Street, Tullamore, is charged with unlawfully obstructing Garda Darren Hughes in the lawful exercise of his duty under the Misuse of Drugs Act, on April 29, 2024 in that he allegedly flushed a large quantity of white powder down the toilet upon gardai executing a search warrant.

He is also charged with obstructing Garda Tom Dunne who, when he informed the defendant that he was going to be searched under Section 23 of the Misuse of Drugs Act, allegedly ran into a premises with a bag in an attempt to obstruct gardai.

When the 29-year-old sought legal aid at a previous sitting the court heard that his credit union account had been frozen because of a separate garda investigation.

Garda Darren Hughes told that sitting of the court a search warrant had been executed on December 31 last year at Harbour Street and €3,090 in cash was seized along with a Louis Vuitton belt worth €440 and a Louis Vuitton bag worth €1,500.

Garda Hughes said that subsequently gardai became aware that a large quantity of money had been going into Mr Cawley’s account and about three hours after the initial search another €755 was seized.

In all during 2023, €90,000 had gone into the account and at the time it was frozen the balance was between €60,000 and €70,000.

When Judge Cody asked if that evidence could be explained, Andrew Dunne, BL, defending, said the man had been in employment at the time.

Judge Cody said he wanted the accused in the witness box “in the next 30 seconds” or he would refuse his legal aid application.

In evidence, Mr Cawley said he had been working in a local furniture company, Glenwood, for five years and though he was not sure when he finished working there, it was about or or three years ago.

When the judge put it to him that the gardai were saying €90,000 had gone into his account in 2023 Mr Cawley said: “I had a few accidents as well.”

He said most of the €90,000 came from a compensation claim and though he was not sure, there may have been three or four accident claims.

Judge Cody said Mr Cawley was either earning a lot of money or was very unfortunate and making huge compensation claims but if he was getting the money he had plenty of cash to pay a solicitor. The court heard the man had previously been in receipt of legal aid.

Judge Cody adjourned the legal aid application for evidence about the accidents and when the matter came before him again he was asked by Mr Dunne to recuse himself because of perceived bias.

The judge did not do so and Mr Dunne then said he had been directed by his client to withdraw his legal aid application.

Judge Cody then adjourned the matter to last Wednesday’s sitting where Mr Dunne said he had received disclosure of evidence and he applied for another “short” adjournment. The judge adjourned the prosecution to July 24 next.

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