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North Kerry man denied bail on gun and drug charges

A North Kerry man has been refused bail after being accused of producing iron bars and a machete during a dispute with police.

Killian Kirby, 33, of 61 Kilcaragh, Lixnaw, faces a total of nine charges, all relating to a prolonged incident in Rylane, Duagh on Monday.

During this incident, members of the Kerry Garda Division, the Armed Support Unit, the Dog Unit, the National Air Support Unit and the Garda Negotiating Units were deployed.

He denies all charges and told the court that drug dealers had planted heroin in a car belonging to a relative of his.

Killian Kirby is alleged to have taken a Hitachi excavator without the owner’s consent on Monday and caused extensive damage to the yard and hedge surrounding a property occupied by members of his family.

He is also accused of possession of cocaine valued at around 6,000 euros, subject to analysis.

Mr Kirby is also charged with criminal damage and theft offences.

Gardaí allege Mr Kirby produced a machete and iron bars in a threatening and intimidating manner towards members of the Gardaí on two separate occasions when they attempted to arrest him.

The state opposed bail due to the seriousness of the charges, the strength of the evidence against him and the belief that Kirby poses a flight risk.

The court heard that Mr Kirby told guards while in custody that if he got out, he would leave the country.

Gardaí also believe Kirby would commit other serious offences if granted bail.

Mr. Kirby interrupted his bail hearing several times, and his lawyer Brendan Ahern said he is in significant pain after being shot with rubber bullets and a stun gun, and that he does not have his prescribed medication.

Giving evidence, Mr Kirby said he runs a business in Denmark with 1,000 machines, owns two houses and 250 acres of woodland, and that he used the digger to cover a car with topsoil in the belief he was protecting his family as drugs had been planted in the car.

Mr Kirby also partially pulled down his trousers on more than one occasion to show the court his physical injuries caused by the rubber bullets.

Judge David Waters said Kirby’s conduct in court was concerning and refused jurisdiction over several of the charges.

Judge Waters refused him bail and remanded him in custody at Tralee District Court on Monday 15 July.

Judge Waters has recommended that he be provided with all appropriate medical attention for his physical injuries and any psychiatric problems.

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