Man fled house where two bodies were found

A 32-year-old city man, found on the grounds of a home that had been sealed-off for a technical examination after the discovery of two bodies inside it hours earlier, escaped a conviction as it was not deemed he had not put anyone in fear at the time, Galway District Court heard.

Judge Mary Fahy agreed that the State had not proven its case against John Mongan, of 24 Gaelcarraig Park, Newcastle.

He had denied trespassing on the curtilage of a building in such a manner as caused fear or likely to cause fear in another, contrary to Section 13 of the Criminal Justice (Public Order) Act 1994.

Garda Peter Colleran told the court that he was preserving the scene at 27 John Coogan Park, Newcastle, late on February 11 2015 when he heard noise at the rear of the property.

Brother and sister, Gavin Ridgard (50) and Patricia Kerr (58), had not been seen for three days when another sibling, Joan, raised the alarm.

They were subsequently found inside, and pronounced dead at 2.37pm – an Inquest, held the following September, heard that there were no suspicious circumstances.

Gardaí sealed off the scene and members of the Divisional Crime Scene Investigation team combed the Council house for clues.

Hours later, the scene was still being preserved when Garda Colleran heard the noise at the rear of the property at 10.40pm.

“The rear garden was surrounded by an 8ft wall and steel gate,” he recalled.

“I climbed up and observed the accused at the back door of the property.”

Mongan fled the scene over a side wall, but was pursued by the Garda who caught him nearby.

He was arrested and taken to Galway Garda Station, where he was subsequently charged.

He pleaded not guilty, however, and his solicitor, Michael Cunningham, pointed out to the court that there had been no occupants in the house at the time of the incident.

“There is no evidence that any individual was in fear, Section 11 Trespassing may have been a more appropriate charge (to bring against him),” he added.

Inspector Karen Moloney replied that the wording of the charge also covered the possibility of him being “likely to cause fear.”

“It was 10.45pm, he had to scale an 8ft wall to access the back door – had there been a person there, they would have been in fear of the accused,” she contended.

However, Judge Fahy said that there was a doubt, so she had to strike it out.