A man who recently threatened the life of his ex-partner in a birthday card to their nine-year-old daughter, was remanded in continuing custody at the Circuit Court this week (December 8 ) until his place and movements in and out of a brain injury facility could be guaranteed.
The court heard how Michael Tully (36 ), of Curraghbawn, Drumlish, Co Longford had been jailed for 11 months last May 27 in the District Court for threatening to cut the throat of his former partner on April 16.
On that day, the judge set an independent surety of €1,500 which Tully’s mother paid.
In the interim, Tully sent the birthday card to his daughter in which he said he’d kill her mother, was then re-arrested and remanded in Castlerea Prison.
“I’m satisfied Mr Tully is a genuine danger to the applicant [his ex-partner],” said Garda Val Kane in court this week.
Evidence was given that Tully had also threatened his former partner’s parents and brother on separate occasions.
His barrister, Mr Gerard Groarke, told the court that Tully had an acquired brain injury sustained in a car crash in June 2008 and suffered from a memory loss that required him to write everything down to manage.
He told the court that the Peter Bradley Foundation (PBF ), a branch of Headway Ireland, was willing to accept Tully for three months’ treatment, but couldn’t give a definitive start date.
However, Mr Peter D Jones for the State pointed out that the PBF was a voluntary not a statutory body, and this meant Tully’s movements between prison and the foundation could not be properly managed.
“My fear is if he takes out a figary,” said Judge Anthony Kennedy, who noted Tully’s home address in Drumlish was only 14 miles from his former partner’s residence in Granard.
“The applicant deserves protection.”
He suggested to Mr Groarke that if his client was released from prison, the PBF be instructed to notify Gardai when Tully was attending.
“They should immediately notify Gardai in Granard if this man goes walkabout,” said Mr Jones.
The judge ordered Tully be kept in custody until he was formally accepted by the PBF.
Mr Groarke was not sure of the legality of ordering PBF to ensure Gardai were informed of Tully’s whereabouts as no representatives of the foundation were attending court but Judge Kennedy was not having any of this.
“This foundation will have to understand they have to call the Gardai if this fellow does a bunk,” he said.
“That’s the condition if this fellow is accepted because he just can’t be let loose with those fear of threats.”
He ordered a final decision on Tully’s situation be deferred until the next sitting of the court in February pending his accceptance at PBF.
