The judge said he was going "out on a limb" by releasing the man with 70 previous convictions.
A man who threatened to “slit” his victim “from ear to ear” if she reported his crimes to Gardaí has been granted bail after a Circuit Court Judge went “out on a limb” to ensure he doesn’t spend a significant amount of time in a jail cell while awaiting a trial date.
Edward Cummins, with an address at 25 Hill View, Rhode, Co Offaly, appeared before Judge Kenneth Connolly at Longford Circuit Court, charged with robbery, threats to kill and possession of a stanley knife.
The 33-year-old has 70 previous convictions, at both District and Circuit Court level, including robbery, burglary, assault, possession of an article, public order, road traffic, attempted robbery, failure to appear in court and other offences. He also has a history of ten bench warrants.
More recently, Mr. Cummins was charged with three thefts in April while he was on bail. He pleaded guilty to these charges and is due back before the courts on November 16.
State Solicitor for County Offaly, Sandra Mahon, outlined to the court that, on June 20, 2022, at Blundell Wood, Edenderry, Co Offaly, Mr. Cummins allegedly robbed a woman of 24 D5 tablets, valued at €25.
It is alleged that, during that same incident, Mr. Cummins threatened to kill the victim. Two days later, at JKL Street, Edenderry, it is alleged the accused was in possession of a stanley knife, which was sharply pointed.
He was returned for trial on September 21 at Cloverhill District Court, Ms. Mahon explained.
She also outlined that Mr. Cummins has been in custody since June 23. A bail application was made to the High Court on July 13, but was withdrawn.
Garda Kenneth Allen, of Edenderry Garda Station, told the court that on June 22, at approximately 10.30am, a woman, Amanda Maher, flagged down a patrol car on JKL Street and told Gardaí she’d been assaulted and robbed.
Ms. Maher alleged that Mr. Cummins had hit her in the face and knocked her to the ground before punching her seven or eight more times and trying to take her handbag. She further alleged that she was dragged along the ground and, when she tried to get up, she was punched again.
She gave him tablets from her handbag and he told her if she went to the guards he’d slit her face from ear to ear,” said Garda Allen.
When Gardaí arrested Mr. Cummins that same day, Garda Allen said, the accused dropped a stanley blade from his hand as he was being cuffed.
“If he is released on bail, my concern is he would interfere with the injured party, particularly since he has threatened to slit her if she reported it to Gardaí,” said Garda Allen. “I believe he will intimidate the witness. He said he’d slit her face and when arrested, he had a blade.”
The court also heard that Mr. Cummins has addiction issues with “tablets and heroin”.
Mr. Cummins, when called to the stand, told the court that he “would never intimidate anyone”.
“I’ve no knowledge of the crime happening. I’ve never intimidated anyone before,” he insisted.
Judge Connolly, after some consideration, decided to grant bail to Mr. Cummins despite his “appalling history”, citing two reasons for his decision.
“There is a query over the strength of the state’s case,” he said, noting there is only one witness - the victim - and that “the parties have a history”.
Judge Connolly also noted that “it may take considerable time for a trial to be heard in Tullamore”.
“I’m going out on a limb to grant you bail, simply because I don’t want you to sit resting in a cell waiting for a trial date,” said Judge Connolly.
“But I will come down on you like the proverbial tonne of bricks if you mess this up. You’ve had 70 chances already. It’s remarkable that you’re getting another one.”
A number of conditions were set, including that Mr Cummins abstain from all non-prescription drugs and alcohol, that he reside in the address provided, sign on daily, and don’t engage with anyone related to drugs.
“This was a 51/49 decision for me. If you mess it up, you’ll go to jail,” Judge Connolly concluded.
Mr. Cummins will reappear at Tullamore Circuit Court on December 6, 2022.
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