Men face trial over threats to kill and making demands over property in Donegal

Two men, including a former election candidate, face a Circuit Court trial for making threats to kill and unwarranted demands over property. 

Declan Jordan, who ran as an independent in last year’s Donegal County Council elections, was also charged with the possession of a firearm. Jordan obtained 621 votes last summer and did not get elected.

Jordan, a 31-year-old, of Hillview, Lismonaghan, Letterkenny and 34-year-old Patrick Friel, with an address at Juniper Park, Foyle Springs, Derry, appeared before Buncrana District Court.

The two men are each charged that on November 17, 2022, at Applegreen, Burnfoot that they did, without lawful excuse, make a threat to kill or cause serious harm to Frank Larkin, intending him to believe it would be carried out. The charge is contrary to section 5 of the Non-Fatal Offences Against the Person Act, 1997.

Each of the accused is also charged that, on the same date and at the same location, he with a view to making gain for himself or another, made an unwarranted demand, to wit, relinquish ownership of a property at Crievesmith, Letterkenny known as ‘Nessels’ from Frank Larkin with menaces. The charge is contrary to section 17 of the Criminal Justice (Public Order) Act, 1994, as amended by section 22 of the Intoxicating Liquor Act, 2008.

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Jordan is also charged that on a date between December 1, 2022 and December 31, 2022  at Gap Coffee, Bonnemaine, Bridgend, he made an unwarranted demand with menaces, to wit, preventing other men from “coming after” Frank Larkin unless he was helped by another person. The charge is contrary to section 17 of the Criminal Justice (Public Order) Act, 1994 as amended by section 22 of the Intoxicating Liquor Act, 2008. 

Jordan is further charged that, at Hillview, Lismonaghan, Letterkenny, he had in his possession  a firearm, a 928 type stun gun. The charge is contrary to section 2 of the Firearms Act, 1975, as amended by section 15 of the Firearms Act 1964 and section 3 of the Firearms Act, 1971.

Friel faces a further charge of making a threat to kill or cause serious harm to Frank Larkin at Inch Level, Burnfoot, on February 2, 2025, contrary to section 5 of the Non-Fatal Offences Against the Person Act, 1997.

Both men were represented by solicitor Mr Rory O’Brien.

Detective Garda Kieran Kelly told the court that gardai were seeking to have bail revoked in the case of Friel. In January, he entered into his own bond of €1,000, €500 of which had to be lodged, in order to get bail on strict conditions, including that he sign on at a garda station three times a week.

In February, an application was made to revoke bail when he was charged with making threats to kill or cause. Then, he was released on bail with conditions updated to include that he stay out of Inch Level and Inch Island.

Detective Garda Kelly said that there have been 10 days when Friel has not signed on and two occasions where he has signed on the following day.

The court heard that a Frank Larkin reported to gardai that he observed Friel in the front passenger seat of a vehicle in an area that he was not supposed to be in according to the bail conditions.

Mr O’Brien said the claim was unsubstantiated and there was nothing to corroborate what was alleged against his client.

Mr O’Brien raised a matter of the complainant allegedly “intimidating” people who were “lawfully and legally here to deal with their matters”. Mr O’Brien told the court that individuals had been recorded going and coming from the court. This was, Mr O’Brien said, “not just extended to Mr Friel and Mr Jordan, but to other family members”.

Judge Cunningham told Mr Larkin that she could not condone any unauthorised recordings “no should any person be recorded without their consent”.

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In the witness box, Mr Larkin said he had recorded his brother outside the courthouse. Mr Larkin also gave evidence in relation to the alleged sighting of Friel in the Inch area on April 28 last.

Friel, put in the witness box by his solicitor, said he was not in the Inch area on that date and he told the court that he missed the sign-on dates as his father is gravely ill and he was taking care of him.

“My head is all over the place at the minute,” Friel said, before undertaking to abide by any conditions set down by the court should he be granted bail.

Mr O’Brien asked the court to “give him one last and final opportunity”.

“A minute too long in prison is a minute too long in prison,” Mr O’Brien said. “He will absolutely assert his innocence as regards the allegation by Mr Larkin until the day he dies.”

Objecting to bail, Sergeant Emmet Brady said that evidence was given by Mr Larkin following his report of seeing Friel. He said vehicles fitting the description were seen on CCTV.

Judge Cunningham said that “of particular concern” to the court was that a similar application for the revocation of bail was before the court in February. She said that bail conditions require strict adherence.

Judge Cunningham said she appreciated that Friel was caring for his ill father and this was not something that was lost on the court. 

After indicating that she was going to revoke bail for Friel, Mr O’Brien asked if the court would increase Friel’s sign-on days in a bid to give his client a chance to show his “temerity”. He said Friel would undertake “the onerous task “ of a significant increase on his conditions and an additional cash surety “to ensure his liberty”.

Sergeant Brady told the court that An Garda Siochana’s application to revoke bail stood.

Judge Cunningham said she was imposing onerous conditions as the court was “not satisfied” with the reasons given.

Friel was granted bail on his own bond of €1,000, €500 of which was to be lodged. An independent surety of €2,000, with €1,000 lodged to the court, was approved.

Friel must not commit any further offence and be otherwise of good behaviour. He is to reside at an address in Derry and must sign on at Buncrana Garda Station five days a week. Any variation of conditions must be notified in writing and agreed in writing.

He is to have no contact in any way, directly or indirectly, through social media or otherwise, with any alleged injured party in the matter. 

Friel’s passport has already been seized and he was ordered not to apply for a new or duplicate passport or other travel document. He must be available 24-7 for contact by mobile telephone and must stay away from Inch Island and Inch Level.

Judge Cunningham said she was only giving Friel the chance due to the case put forward by Mr O’Brien.

She warned Friel: “If there is any deviation from these conditions, I will have absolutely no hesitation in revoking the bail.”

Judge Cunningham said she would keep a tight rein on the matter and it was again mentioned at Monday’s sitting of Letterkenny District Court, which heard that Friel had been compliant with the conditions since the last occasion.

There was some confusion as to whether or not a book of evidence had been served on Jordan. Mr O’Brien told the court that the defence was not given time to consider whether a signed plea was appropriate. This was not considered as an option now, he said. 

Mr O’Brien said it was his understanding that a book was to be re-served on his client.

Judge Cunningham noted that a book of evidence was not on file. Jordan is currently on bail and a book of evidence will formally be served on the next occasion.

Both matters were adjourned to a later date for the service of books of evidence.