Man (29) charged with attacking Anthony Long remanded in custody

Tom Tuite

A 29-year-old man has been remanded in custody, charged with attacking Anthony Long, who died after being severely injured in west Dublin earlier this month.

Unemployed, Nathan Kenna of The Nurseries, Mulhuddart, Dublin 15, was brought before Judge Áine Clancy at Blanchardstown District Court on Monday morning and is the second person to be charged following a Garda investigation into the incident.

He is charged with assault causing harm to Mr Long at Parslickstown Drive, Mulhuddart, on July 3rd.

Mr Long, who was in his 40s, had attended a gathering at a house near his home when a confrontation broke out at around 3:55 am. He was discovered at the scene with severe injuries.

He was rushed to the hospital in a critical condition and died two days later.

Garda Sean Ó Fatharta told the court that the accused was arrested at 11:47 pm on July 18th, cautioned, and had no response. He "made no reply" when charged. Garda Ó Flatharta confirmed there were objections to bail.

He was unrepresented due to the ongoing industrial dispute, which has seen solicitors withdraw their services from District Court legal aid cases.

The protest, which has caused widespread disruption to criminal proceedings, is a response to Justice Minister Jim O'Callaghan's introduction of a €520 flat fee for District Court cases. Mr Kenna said he wished to be represented by solicitor Michael Hennessy.

Mr Hennessy was present and asked the address of the court, telling Judge Clancy, "I am attending though not appearing, out of respect for this court, and the tragic circumstances of this case.

"I wish to state I am unable to come on record for Mr Kenna, as I have resigned from the legal aid panel due to the intransigent approach of the Department of Justice to the current crisis in the administration of justice, and I wish to withdraw from the court."

Judge Clancy thanked the solicitor, who then left the courtroom, and she turned to Mr Kenna to enquire if he wished to instruct another practitioner and reminded him that the garda was objecting to his bail. She noted that he did not work and would normally be entitled to legal aid.

Standing in a blue T-shirt and tracksuit pants, the accused said he understood and added, "I will stick with my own solicitor".

Judge Clancy said Mr Hennessy was not in a position to accept instructions under legal aid.

She advised him that he had options, including not applying for bail, at which Mr Kenna, who has yet to enter a plea, answered, "No, I want to make a bail application."

Asked if he was happy to represent himself, he said he would and again confirmed he did not want to use another solicitor who was not involved in the legal aid dispute. Another option, she advised, was to defer his bail application for a couple of days to allow him to prepare and put his best foot forward by providing cash, an independent surety, and proof of address.

"Yeah, I'll do that," he said, agreeing to put the case back.

Judge Clancy told him he was presumed innocent until proven guilty, and that there was a presumption in favour of bail, and that what he had done was probably the wisest course of action, because a refusal of bail would have significant implications for him.

He was remanded in custody to appear again on Wednesday at Cloverhill District Court to seek bail.

Court Sergeant Maria Callaghan said the details of the bail objections are to be furnished to the accused.

Last Wednesday, Darren McNamee (42), of Talbot Hall, Riverbank, Swords, north Dublin, appeared at the same court charged with the murder of Mr Long. He was remanded in custody to appear

Applied for an independent pathology report to be provided, adding, "This is an incident that involved a number of people; the cause of death is paramount in these issues".

Counsel said the defence had written a letter seeking the preservation of the report, and Judge David McHugh, then presiding, acceded to the request.

Mr McNamee is also due to face his second appearance on Tuesday, but would need to apply to the High Court for bail because he faces a murder charge.