A Letterkenny man who claims to have been provoked into an assault at Tesco automobile park has ben refused bail.
Matthew Lafferty is charged with assault inflicting hurt to Michael Mawhinney yesterday (Wed).
The 35-year-old accused man from Calhame, Letterkenny appeared at Buncrana District Courtroom the place Gardai mentioned they have been strongly objecting to bail.
Garda Tom Nugent mentioned there have been fears that Lafferty has a historical past of bench warrants and has taken 15 since 2007.
He additionally feared that the accused may intervene with the sufferer regardless of claims from Lafferty’s household that Mr Mawhinney wished to withdraw his grievance.
The courtroom was additionally advised that Lafferty has a complete of 14 earlier convictions with a few of these dedicated whereas on bail.
Garda Nugent added that the incident had been captured on CCTV and that the accused had made “admissions to a sure extent.”
He added that he was additionally objecting to bail due to the seriousness of the cost and the sentence more likely to be imposed upon conviction.
Mr Patsy Gallagher, solicitor for Lafferty, mentioned the final bench warrant for his shopper was in 2019. He mentioned Lafferty had given ‘an evidence reasonably than an admission’.
“There was an altercation the place there was provocation alleged and Mr Lafferty retaliated,” Mr Gallagher mentioned.
Requested by Mr Gallagher if he was conscious that the alleged injured was making a withdrawal assertion, Garda Nugent mentioned he was not conscious of any such suggestion.
Choose Éiteáin Cunningham requested if there have been any situations that may very well be imposed to allay the State’s concern. Garda Sergeant Sean McDaid mentioned there have been none.
When put within the witness field, Lafferty mentioned that he had been provoked by Mr Mawhinney whom he claims spit at him earlier than claiming he would put him within the bot of a automobile.
Lafferty added that he reacted stupidly by assaulting the sufferer.
He mentioned he was ready to avoid Mawhinney and his handle and to signal on at Letterkenny Garda Station thre occasions every week.
Sergeant McDaid mentioned it was the State’s case that there gave the impression to be a ‘bartering course of’ ongoing relating to the potential withdrawal of allegations.
He mentioned there was a worry that there could be additional severe offences if Lafferty was launched.
However Laferty’s solicitor Mr Gallagher replied “No-one can inform the longer term. There was a misunderstanding and he gave a full, frank and trustworthy account within the witness field.”
Mr Gallagher mentioned his shopper is ‘on the street to restoration’ and requested that bail be granted.
Choose Cunningham mentioned the prosecution had established a case relating to the probability of Lafferty reoffending and the potential interference with witnesses.
Bearing in mind the character and diploma of the seriousness of the costs and the sentence charged and the sentence more likely to be imposed upon conviction, Choose Cunningham refused bail.
Lafferty was remanded in custody to look by way of video hyperlink at Monday’s sitting of Letterkenny District Courtroom.
Letterkenny man who claims he was provoked into an assault refused bail was final modified: July thirteenth, 2023 by