Sgt O’Sullivan said that the deceased’s wife, Siobhán, is in fear of all those alleged to be involved in the attack
Thomas Dooley (20) of Bay 10 Halting Site, Carrigohane Straight, Cork, is charged with the murder of his namesake, 43-year-old Thomas Dooley, at Rath Cemetery, Rathass, Tralee, on October 5 last.
The 20-year-old man is also charged with assault causing serious harm to Siobhán Dooley, who is the wife of the deceased, arising out of the same incident.
The man was arrested and charged with the two offences in the early hours of Wednesday morning. He has been remanded in custody for a week to allow for the book of evidence to be served.
Meanwhile, a 17-year-old man, who cannot be identified for legal reasons, has also appeared before Tralee District Court in relation to the incident at Rath Cemetery. He is charged with the possession of a weapon with intent to cause harm. The man applied for bail.
Detective Mark O’Sullivan told the court that the teenager was arrest and charged at Tralee Garda Station, in the early hours of Wednesday while his mother was present, and he made no reply to the charge.
The court was told the state is objecting to bail for a number of reasons including the seriousness of the crime, which is the possession of an article with intent to cause injury.
Detective Sgt Mark O’Sullivan said it is alleged the teenager is part of a gang who ambushed Mr Dooley with weapons, which included machetes – when he was attending a Funeral with his four young children – as a result of a feud with members of the Dooley family.
Sgt O’Sullivan said the group fled the scene and that the teenager was a passenger in a vehicle which was apprehended by gardaí in Cork City. He said CCTV shows three vans observed in locations in Cork and Kerry following the murder and that the teenager was a passenger in one of them.
The court was told that Gardaí feared he would not turn up to court if granted bail and would interfere with witnesses as he has ties to the UK and had gone to the UK and been arrested at Dublin Port on November 15 when he was returning from the UK.
The court was also told that the incident at Rath Cemetery is part of an ongoing dispute which has seen a number violent incidents over the last few years.
Sgt O’Sullivan said that the deceased’s wife, Siobhán, is in fear of all those alleged to be involved in the attack and fears what the defendant could do in this case.
His solicitor, Aoife Buttimer, said that her client was underage and, therefore, special consideration should be given to this as it would be some time before DPP directions are handed down. She said her client had only gone to the UK for his wellbeing and if granted bail would surrender all travel documents and would live in the family home.
Judge David Waters said he would grant bail with strict conditions, including an independent cash lodgement of €5,000 to be lodged by an adult on his behalf. He must also sign on twice daily and reside at the address given to the court. The teenager must also surrender all travel documents and maintain a curfew between 8pm and 8am.
The Judge also imposed conditions that he not interfere with anyone involved in the case and stay out of Kerry.
Legal aid was granted, and the teenager was remanded in custody with consent to bail to November 23.
Two men, including a brother and a cousin of the deceased, have already been charged with the murder of Thomas Dooley.