A Letterkenny man has been refused bail following an alleged assault on a pensioner on Friday morning.
John McGinley, from Glenwood Park, was remanded in custody by Judge Éiteáin Cunningham when he appeared at Letterkenny District Court.
The 18-year-old was charged over the incident, which is alleged to have occurred at around 5.45am on Friday.
Garda Gillian Page gave evidence of further charging McGinley in relation to the incident.
Gardai objected to bail while the accused’s solicitor, Mr Rory O’Brien, said his client had been granted bail by another Judge on Saturday when he appeared on another matter.
The alleged victim in the matter, Mr James Doheny took to the witness box and said he felt ‘scared and intimidated’ by McGinley.
“I am 70 years ago, I am not able defend myself or my daughters,” Mr Doheny, who was accompanied by several family members, said. “I would feel afraid if he gets out.”
Mr Doheny said he lives 900 yards away from McGinley and has a good relationship with some members of the accused’s family. He told the court that he has been living in the area for 12 years now.
He said he was the victim of an unprovoked attack at around 5.45am and was taken to Letterkenny University Hospital. He said someone from McGinley’s family called to a house in which his ex-wife and daughter live in.
“I felt intimidated by that,” Mr Doheny said. “I felt that was a way of getting me to drop the charges.”
Sergeant Jim Collins said he was objecting to bail due to the seriousness of the charges – which carry a maximum penalty of five years imprisonment. He said CCTV footage shows McGinley entering the same park as Mr Doheny and his partner entered 30 seconds beforehand.
He said statements from Mr Doheny’s partner and an independent observer corroborate Mr Doheny’s statement and said that a t-shirt was found with blood on it.
Sergeant Collins said Mr Doheny’s family felt ‘intimidated’ by a visit from a family member of McGinley.
Sergeant Collins said there was a ‘blanket of non-cooperation from residents with An Garda Siochana.
Sergeant Collins said the alleged offence was committed while McGinley was on District Court bail and Circuit Court bail.
“I don’t believe that there are any conditions that 1would allay our fears in terms of his cooperation with bail conditions,” Sergeant Collins said. “We have concerns that, if he is released in bail, that he would continue to commit serious offences.”
Sergeant Collins confirmed that there are no previous warrants in existence and said McGinley – who was accompanied by family to the court – currently has no previous convictions.
Mr O’Brien said the matter ‘could easily’ have been dealt with on Saturday, when McGinley appeared before the court on another mater, but Sergeant Collins said the delay was down to initially having insufficient CCTV evidence.
Sergeant Collins said: “We aren’t suggesting that this is a slam dunk charge. We have to go through procedures, including forensic evidence. We have to have blood analysed and that is something that will assist us.”
“To refuse him bail would be grossly unfair,” Mr O’Brien said. “Conditions were imposed on Saturday that could easily transfer. The conditions are very restrictive and there is a strict curfew.
“He could offer another address in Letterkenny.”
Regarding the visit to Mr Doheny’s former wife by members of McGinley’s family, Mr O’Brien said: “Even if a threat was made, it did not come from my client.”
Sergeant Collins said Mr Doheny was ‘quite clearly in fear’.
“He has made it quite clear that he in fear from the presence and proximity of where Mr McGinley resides and I don’t think living anywhere else would allay those fears.”
“If my client hailed from Timbuktu, he (Mr Doheny) would also have fear. My client can do nothing about his address as that is where he is from.
Judge Cunningham considered the matter and refused bail.
McGinley was remanded in custody to appear on Monday next, June 26, via videolink.