Man ‘shot in buttocks’ by gardai after allegedly damaging property with digger

Killian Kirby (33) with an address at Kilcaragh, Lixnaw and of Rylane, Duagh, is charged with taking possession of a digger without consent of the owner, damage to property; namely shrubbery and ditches, trespassing on two separate properties belonging to family members and causing criminal damage to both, production of two metal bars and a machete.

Kirby is separately charged with production of a metal bar, criminal damage to a vehicle, possession of drugs for sale or supply and the unlawful possession of drugs – all of which occurred at Rylane, Duagh on Monday night, July 8.

Sgt Chris Manton said further charges are being considered and he said DPP directions are not available in relation to the charges before the court.

The court was told that Mr Kirby entered an occupied house and when gardaí were investigating Mr Kirby ‘brandished a machete in a threatening manner’.

Judge David Waters said he was refusing jurisdiction on the more serious charges as they are indictable and will be heard before the Circuit Criminal Court.

Written objections to bail were handed into court and these included the seriousness of the offences and the fear he would commit further offences if granted bail.

The court was told that Mr Kirby was considered a flight risk and had told gardaí while in custody that he would get out and leave the country.

The state said there was no bail conditions that could be put on Mr Kirby that would alleviate their concerns.

Brendan Ahern who is representing Mr Kirby said given that some of the charges are indictable Mr Kirby could be waiting some time in custody for the charges to be dealt with if not granted bail.

He said that the cocaine in the alleged drug charge, which was estimated to be worth around €6,000, must still be tested which could take some months.

He said his client was denying all allegations.

Mr Ahern said that his client would also say he does not have a drug problem and is only taking prescribed drugs for ADHD.

He said Mr Kirby was “acting pretty erratic at the moment and would say things he doesn’t mean.”

Mr Ahern said Mr Kirby was not evading arrest on the night in question but “believed criminals had come to his house and caused damage and he took off”.

He added Mr Kirby suffered significant injuries arising out of being shot at with rubber bullets by the Emergency Response Unit and being tasered.

Mr Kirby partly pulled down his pants to show where he had been shot in the buttocks during the court sitting and told the Judge he had been shot seven times.

Mr Kirby also gave evidence and denied the allegations. He said he was on his farm and that he owned the house that gardaí said he broke into with a digger, and that he was doing work for his aunt.

He said the window in the property had been broken for 10 years.

He added that the damage to the car was because drug dealers had planted heroin in it and to save his Dad’s life he had put top soil on it.

He said they had found the car because the phone was in it.

“These guys are heroin dealers and I was protecting my family.”

Mr Kirby told the court that he has a company in Denmark with 1,000 machines and that he owns 250 acres of forest and land in Rylane.

He told the court he wouldn’t leave the country as ‘he wouldn’t leave his mother’

However, later he asked for his passport back to go see his wife in Denmark and his girlfriend in Dubai and his aunt in Toronto.

Judge David Waters said he wasn’t sure if Mr Kirby’s “ramblings are coherent” but that information given to the court regarding assets must be taken into account with making a legal aid application.

Judge Waters said they were extremely serious matters so much so he was not accepting jurisdiction on some of them. He said if Mr Kirby was convicted he could be serving 10 years.

He said his “demeanour in court was very worrying.” He said he would not grant him bail as there is a strong risk he would commit more offences and he had indicated he would leave the country.

Mr Kirby is to appear via video-link again on Monday, July 15, at Tralee District Court.