Kildare man allegedly assaulted both parents, court hears
'I’d rather see him homeless than you dead', said the judge
A MAN whose father and mother both had taken out protection orders against him was remanded in custody for a week following a successful garda appeal against granting his bail.
In fact, the man’s father was one of the first people to appear at the family law session that morning, and did so limping on crutches with his face still bloodied from an alleged recent assault by his son. The son was appearing in court later that day from custody on foot of a bench warrant for which he had been arrested that morning (6 November) on an unnamed charge, for which the state had yet to receive directions from the DPP.
“Objecting?” asked Judge Desmond Zaidan innocently, to which both Sergeant Dave Hanrahan and the investigating officer John Greene simultaneously said: “Yes!”
“To the seriousness of the offence? It is alleged he hit his dad?” guessed the judge.
“Yes,” said Garda Greene.
“He admitted to having been at the house, he made admissions of holding a weapon, and admitted to entering his father’s bedroom,” testified Garda Greene. “It is alleged he pulled him out of the bedroom, dragged him down the stairs by the collar, and hit him with a walking stick.”
“You’re afraid he’d hit him again?” asked the judge.
“Yes, judge,” said Garda Greene, “and this offence was committed while on bail.”
“My client alleges his father threatened to shoot him,” said defending solicitor Tim Kennelly.
“That’s correct,” confirmed Garda Greene.
Mr Kennelly revealed that his client had no previous convictions, and asked Garda Greene whether he would consider allowing bail “if he gave an undertaking to stay away from his home, and his grandparents?” However, Garda Greene replied: “no”, noting that staying away had been a condition of his bail after the alleged assault of his mother.
“I expect it [the charge of assaulting his mother] will be in on Monday for the first time,” said Mr Kennelly.
“It’s horrible to see a fight between a father and son, but that’s where we are,” said the judge.
“There’s not enough state’s evidence, and so I think he should get bail,” ventured Mr Kennelly.
“He had serious head injuries before you this morning – you saw it yourself,” Sgt Hanrahan reminded the judge. “He’s now charged with section 3 assaults against both his mother and father. [The defendant] is completely out of control, and the state has serious concerns for the public, his parents and grandparents,” the garda added.
“We’re not trying the substantive matters – we’re here to decide if he gets bail,” said the judge.
“He got bail on Monday [3 November] for assaulting his mother, and one condition was to be of good behaviour and keep the peace,” said the sergeant. “Two days later he broke that peace bond by assaulting his father,” the garda alleged.
“I saw him in a bad way, with his face covered in blood and a morphine patch on his arm for the pain,” said the judge.
“Section 3 assault comes with a maximum ten-year sentence,” he reminded the court. “The garda fears are well founded, and so I’m going to refuse bail.
“I know you did your best for your client, Mr Kennelly, but I can’t take any chance,” said the judge, remanding the man in custody until 12 November.
Earlier his father spoke in an hearing to apply for a protection order.
“He tried to kill me. He used my father’s walking stick to beat me down the stairs to get money for drugs when I wouldn’t give it to him,” said the appellant, who sported a visibly beaten and bloodied face.
“The swelling is coming down,” he offered optimistically.
“Did he come at you with a hammer?” asked the judge, to which the man replied: “Yeah”.
The judge then explained the difference between the various orders to see which the appellant would find most efficient.
“A protection order will cover you anywhere in Ireland; a barring order is specific to your house,” he said.
“I want him away from the house,” said the man.
“He’s homeless – I don’t want him to die on the streets,” said the judge. “But it’s horrible what he did to you; I can see it all over your face. You reach the threshold for an interim protection order,” he ruled, telling the man to return to court on 27 June for a full hearing.
“My son is in custody now,” revealed the battered father.
“I know. He’s facing very serious charges,” acknowledged the judge.
“He got High Court bail [on Tuesday] but he’s here this morning in garda custody,” revealed the father’s solicitor Dave Powderley.
However, the appellant seemed a little confused about the order.
“You’ve nothing to fear if what you told me is true … but you know what? I will vacate the order and grant you an interim barring order,” said the judge, and told him to come back to court today, 11 November, for a hearing.
“I see the war marks on your face. He nearly killed you … you need help. God forbid, one time too many and you won’t wake up from it.
“I’ll give you your copy of the order and his copy will be served by the guards.
“What’s happening is eternal blackmail, using the father-son relationship, but I’d rather see him homeless than you dead,” concluded the judge.
