‘End of the road’ - Bail granted to man with 21 alleged offences

Judge Éiteáin Cunningham told a man facing 21 charges at Donegal District Court that the State and Court have been “very patient” with him, and he is “coming to the end of the road” as he was granted bail at Ballyshannon Courthouse.

Krsyztof Siergiej, 39, of no fixed abode, but having had addresses in Donegal Town and Bundoran, appeared before Judge Cunningham at the hearing on September 2, where he was granted bail, despite the State initially objecting to bail.

Siergiej is alleged to have committed 21 offences, with most of the charges alleged to have taken place in Donegal Town, with some alleged in other South Donegal locations, such as Mountcharles and Laghey.

He is facing 10 offences contrary to Section 4 of the Criminal Justice (Theft and Fraud Offences) Act 2001, dating from September 2025 to July 2026, to a combined value of €247.98.

There are five alleged offences contrary to Section 4 of the Criminal Justice (Public Order) Act 1994, as amended by Section 22 of the Intoxicating Liquor Act 2008, dating from October 2025 to August 2026, and four alleged offences contrary to Section 12(1)(b) and (3) of the Criminal Justice (Theft and Fraud Offences) Act 2001, from July 2023 to December 2025.

Siergiej is charged with one offence contrary to Section 2(1) of the Criminal Damage Act 1991, dating from an alleged offence on August 9, 2026, in Laghey, allegedly involving the criminal damage of a flower pot, valued at €60, at Circle K in Laghey.

He also faces two driving offences for no licence and no insurance, contrary to Section 38(1) of the Road Traffic Act 1961, and contrary to Section 38 (2)(a)(ii) of the Road Traffic Act 1961, as substituted by Section 12(a) of the Road Traffic Act 2006, and contrary to Section 56 (1) & (3) of the Road Traffic Act 1961, as amended by Section 18 of the Road Traffic Act 2006. The alleged driving offences took place in September 2024 in Mountcharles.

The Court heard that Siergiej “remained silent in his response in each of the cautions” when arrested.

Judge Cunningham said she was told there was an objection to bail, and asked what the basis was for the State’s objection and how they were proceeding with the application to an accused who was unrepresented, due to the withdrawal of his solicitor’s service due to the ongoing legal strike.

Garda Sergeant Oliver Devaney said the State could do a bail pact.

Judge Cunningham replied: “It is a matter of the state. He has to have an opportunity to consider the bail pact.

“The state is advising they are going to object to bail. They don’t have a bail pact available to the court. They are going to have to. Your solicitor is withdrawing services.

“I will be insisting on a bail pact to be available to you.”

Siergiej was also warned about anything to do with ‘self-incrimination.”

At this juncture, a bail pact must be provided and time must be afforded. Secondly, every effort should be made in the effort to secure this gentleman a solicitor. Every effort has to be made to be sure he understands what case he has to matter.

We are going to have to ensure that the bail pact is translated and have the benefit of an interpreter. We have to be cognisant that justice is applied.

We are dealing with the situation where the state is proposing that we can interfere with one’s liberty. There are a number of stops with the State if we are to proceed with the matter.

After the second call, Gda Sgt Devaney told Judge Cunningham: “We have the benefit of consultation. I have discussed the matter with him. We have explained in his own language the general conditions of his bail and the bail that has applied there forth, and the risk associated with the bail should there be any further offences.

“He has given a firm undertaking to any conditions imposed going forward. On that basis, we are prepared to consent to bail on those conditions.”

Gda Sgt Devaney said conditions included that the accused continued to reside in Donegal Town, that he not commit any offences while on bail, and that he attends a particular Alcoholics Anonymous meeting.

He said: “The risk to his liberty was very clearly explained to him should any further matters come back to court.”

Judge Cunningham commented: “I want to explain the seriousness of the matters that come before the court.

“Mr Siergiej has accumulated quite a number of charges. There is a presumption of innocence until proven guilty; however, the court is conscious of the number of charges that are accumulating, and the court is of the view that an early hearing date is necessary.

“I am going to grant bail on the conditions set out by the state, with additional conditions that he is to stay out of George Irwin & Sons and Supervalu Glebe.

“He is already barred from a number of premises, as per previous bail conditions set, and noted that the state has explained through the interpreter the importance that Mr Siergiej adhere to these conditions, and has explained to him that if there is any breach of those conditions, that they will bring an application to revoke his bail.

“That if there has been any breach, then Mr Siergiej’s bail will be revoked, and he will be remanded in custody. To be clear, it will mean that he will go to prison pending the hearing on the matter.”

Judge Cunningham granted bail with a €200 bond, set a next court date for September 28, and certified for a Polish interpreter to attend.

She told Siergiej: “You are coming to the end of the road. The State has been very patient with you, as is the Court.

The case was adjourned until September 28.