*Photograph: John Mangan
A 30-year old Ennis man threatened a hitch-hiker that he would set him alight after pulling out a plastic bottle full of petrol if he did not pay money for his lift, it has been alleged in court.
At Ennis District Court, Garda Amy O’Connor told the court that when Brian Joyce made the alleged ‘light you up’ threat to John Hourihan, Mr Joyce’s pregnant partner was driving and their two young children aged seven and nine were back seat passengers along with two puppy dogs.
Garda O’Connor said Mr Hourihan was hitch-hiking to Lahinch out of Ennis at around 5.30pm on August 13th when he was picked up.
Garda O’Connor said that Mr Hourihan got into the back seat and front seat passenger, Brian Joyce “got very aggressive during the journey towards the alleged injured party and said he wanted money for giving him a lift”.
Garda O’Connor said that it will be alleged that after Mr Hourihan refused this, “Mr Joyce pulled out a Powerade bottle full of petrol and threatened Mr Hourihan that he would set him alight if he did not pay them money”.
Garda O’Connor said that it will be alleged that Mr Joyce of St Enda’s halting site, Beechpark, Ennis also threatened Mr Hourihan that if his partner was not in the car, he would kill him.
Garda O’Connor said that Mr Hourihan managed to snatch the bottle from Brian Joyce and demanded that the car be stopped.
Garda O’Connor said that the car was stopped and the alleged injured party got out before the silver Golf drove off.
Garda O’Connor said that when the 171 CE Volkswagen Golf car came back down the road, Mr Hourihan had his phone out and took photos of Mr Joyce and his partner in the car.
Garda O’Connor outlined the State case against Mr Joyce during a bail application hearing for Mr Joyce where Gardaí successfully opposed bail.
In the case, Mr Joyce is charged with threatening to kill or cause serious harm to John Hourihan between Lahinch Rd, Ennis and Monreel South, Ennistymon on the N85 on August 13th last.
Counsel for Mr Joyce, Amy Nix BL said that what has been outlined to the court are only allegations and her client is entitled to the presumption of innocence.
Garda O’Connor said that the plastic bottle suspected to contain petrol has been seized by Gardaí as part of the investigation.
Garda O’Connor said that Gardaí have fears that Mr Joyce may interfere with the progress of the investigation if granted bail.
Ms Nix said Mr Joyce was open to bail conditions that he stay out of Co Clare and of Lahinch and other strict conditions. She said that the next date to fix dates for hearing at Ennis Circuit Court is December 13th for trials in February.
She said, “It would be disproportionate to hold Mr Joyce on remand at this juncture and he would miss his daughter’s tenth birthday in September and miss the birth of his child his partner is due in January”.
Garda O’Connor said that the alleged injured party is not from Clare but comes to the county every few weeks. Garda O’Connor said, “He is scared to come back to Clare out of fear of meeting the suspect”.
Garda O’Connor said that no bail conditions imposed would satisfy the concerns of Gardaí.
Judge Marie Keane said, “This is a really serious matter and I am absolutely satisfied that I can’t grant bail to Mr Joyce”.
Judge Keane said, “There are very serious allegations being made”.
She said the Gardaí allege that not only did Mr Joyce “put himself in some form of jeopardy on this occasion but there were two small children and a pregnant woman also at risk along with a third party”.
She added, “Obviously, he is entitled to the presumption of innocence but I am not satisfied that there are any conditions that this court can impose that would satisfy this court”.
Judge Keane said that she was refusing bail due to the seriousness of the charge and remanded Mr Joyce in custody to September 4th to Ennis District Court.
From the custody suite of the court, Mr Joyce said ‘thanks judge’ before being led away by prison officers.
