A father of five broke into a "terrified" man's home, threatened to stab him in the heart and “kick your mother to death” in a series of demands for payment of a €26,000 drug debt, a court has heard.
Robert O’Rourke (29), of The Park, Semple Woods, Donabate, Dublin, was refused bail after being charged with burglary and two counts of threats to kill or cause serious harm during alleged incidents on April 8th and three days later.
The accused made no reply when charged at Clontarf Garda station on Thursday before being held pending a bail hearing at Dublin District Court.
Garda Ross Brierley objected to bail with conditions, citing the seriousness of the case and concern for potential witness intimidation.
Garda Brierley told Judge Bryan Smyth that on April 11th, the accused allegedly “jimmied the lock” on the complainant’s home in Swords. Then, according to the complainant, he held a screwdriver to him and demanded money after forcing entry to his apartment with a second male.
The bail hearing was told the complainant was not free to leave.
The court heard gardaí had obtained CCTV evidence and four voice notes allegedly recovered from the defendant’s phone.
Judge Smyth watched footage purportedly of the accused arriving at the complainant's home in his car.
The speaker in the audio recording told the man he was going to die, and that “I’ll kick your mother to death and cut you up so bad your own daughter won’t recognise you”, along with a demand for €5,000.
A threat was made that his ex-wife would have to leave the area, the court also heard.
Payments
In the recording, the caller swore on his life to carry out threats and he told the man, “I’ll stab you in the heart”, demanding his car log book.
The final clip featured a demand for €5,000 within a specific time, followed by more payments totalling €26,000.
It was alleged the defendant's car, bought in cash for €15,000, was seen near the house of the complainant’s mother.
The court heard the accused was unemployed and on social welfare, but was a carer for his family and getting a domiciliary allowance. His solicitor said the council had given him a €10,500 lump sum to purchase a car.
The complainant told Judge Smyth he was "terrified", and under cross-examined by defence solicitor Danny Nolan said he would still be in fear if the court released the accused on bail, even with conditions for the accused to stay away from him.
He said the threat was so severe he "became a little bit institutionalised by it".
Mr Nolan said his client, who is yet to indicate a plea, could be in custody for two years before his trial if the application was unsuccessful, adding that his partner depended on him to care for their children.
Describing the allegations as very serious, Judge Smyth refused bail and remanded the accused in custody pending directions from the Director of Public Prosecutions.
Legal aid was granted to the accused, who did not address the court.
He will face his next hearing on April 27th.
