This article is from page 7 of the 2006-09-19 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 7 JPG
THE solicitor for a man accused of assaulting a 60-year-old in Kilrush has strenuously opposed his client being held in custody and has called for the ‘charade’ to end.
Martin O’Brien (25), of St Senan’s Terrace, Kilrush, is charged with assaulting Paddy Kelleher, causing him harm, at Crawford Street, Kilrush, on July 18 last.
Bail had been refused in the District Court and a bail application in the High Court last month was also unsuccessful.
Judge Joseph Mangan refused bail in the District Court on July 31, and said that intimidation of a “most serious, most sinister and most massive” nature had taken place.
He said he was left “without a scintilla of a doubt” that various witnesses have been subjected to intimidation.
He made the ruling after gardaí said they would not tolerate a ruling by one particular family in Kilrush.
Gardaí alleged at that time that Mr Kelleher was being “bullied” into pulling out of the case and that the course of justice was being perverted.
This was after Mr Kelleher, of Crawford Street, Kilrush, said the “wrong man” was in court and that he wanted the case dropped. “I am just nervous about it. That’s it. I don’t want no hassle,” he said.
The accused appeared in court, in custody, last Friday. Inspector Michael Gallagher said he was seeking to have him further remanded in custody.
“A file has gone to the DPP today. It is up to the DPP then,” said Inspector Gallagher.
Defending solicitor Pat Enright said he was opposing that application.
“This is his seventh appearance. He has been in custody since July 27 last,” he said.
He said it was the defendant’s belief that the alleged injured party had withdrawn his statement.
“He is innocent until proved guilty. He is serving time for a case we believe won’t go ahead,” said Mr Enright.
“This charade must end sooner rather than later. I don’t see why a file was not sent to the DPP before now,” he said.
Judge Joseph Mangan remanded the accused in custody, to appear again in court later this month.