Garda based in Donegal faces trial on charges including burglary and harassment

A serving Garda is to stand trial on charges of burglary, harassment, criminal damage, assault and sending grossly offensive messages.

Alan O'Mahony, who is stationed at Letterkenny Garda Station, is to stand trial at Letterkenny Circuit Court.

The case was mentioned at Letterkenny District Court before Judge Ciaran Liddy. State solicitor for Donegal, Mr Kieran Dillon, told the court that the Director of Public Prosecutions had consented for the accused to go forward to the circuit court on all matters.

Mr O'Mahony, with an address at Commons Road in Cork, was not present in court and is currently off on sick leave. He faces a total of five charges.

He is charged that on June 30th, 2024, at Wood Park, Lismonaghan, Letterkenny, did enter a building as a trespasser with intent to commit an arrestable offence contrary to Section 12 (1a) of the Criminal Justice (Theft and Fraud) Offences Act, 2001.

He is also charged that on the same date and location, he did damage property to wit, a duvet by throwing a lit cigarette on the duvet and burning it, intending to damage such property or being reckless as to whether such property would be damaged contrary to Section 2 (1) of the Criminal Damage Act, 1991.

O'Mahony is also charged with assaulting Joseph O'Donnell contrary to Section 2 of the Non Fatal Offences Against the Person Act, 1997, at the same location and on the same date.

On the same date and location, the accused is charged with causing damage to the handle of the front door of the house intending to damage such property or being reckless as to whether such property would be damaged contrary to Section 2 (1) of the Criminal Damage Act, 1991.

O'Mahony is further charged that on or about the same date, at or near Letterkenny, did send a grossly offensive communication, namely a photograph of a named woman to another person thereby distributing or sending with intent by doing so to cause harm contrary to Section 4 (1) (a) (ii) of the Harassment Harmful Communications and Related Offences Act, 2020.

State solicitor Mr Dillon said he was furnishing copies of statements to the accused man's solicitor, Mr Patsy Gallagher to consider a signed plea. He asked for the case to be adjourned until March 3 to facilitate a signed plea being considered.

Mr Gallagher responded "that all makes sense."

Legal aid was requested and granted as Mr Gallagher outlined was currently not working "due to these matters."

Referring to the "allegations and seriousness of the case", he also requested Judge Ciaran Liddy to assign him legal counsel in the case which was also agreed and the case was adjourned.