A man with Asperger’s syndrome was remanded in continuing custody yesterday in a case where he was accused of knocking his mother on the floor of a shop and kicking her in the head.
The injured party in the case said yesterday that she wanted to withdraw her complaint in the hope that the district court judge would direct that her son would be put into residential medical treatment.
Judge Olann Kelleher said if the case was withdrawn he could not direct that. The judge said if she withdrew her complaint that would be the end of the case.
The defendant’s mother indicated yesterday that she had been advised that this would be something she could do so that her son would get the treatment that he needed.
Garda Shane Halligan alleged a month ago at Cork District Court that Gary Walton, aged 33, of 22 Westgate Park, Bishopstown, Cork, had his arm in a cast and hit his mother over the head with it, knocking her to the floor of a shop and then kicking her in the head.
Garda Halligan charged Mr Walton that, on December 20, at Heaton’s in Ballincollig, he contravened a protection order by following the applicant into the shop, allegedly assaulting her and causing her to fear for her safety.
Garda Halligan also charged the man with assaulting his mother, Phyl Mangan, on that occasion.
Judge Olann Kelleher said yesterday he had a clear memory of the evidence from Ms Mangan at the bail hearing before Christmas.
“You told me it was a very serious assault and you were petrified,” the judge said.
Inspector Finbarr O’Sullivan said people shopping on that occasion witnessed her being kicked on the floor.
Judge Kelleher said to Ms Mangan: “The reason he is in custody is because of the way he behaved in public.”
Michael Quinlan, solicitor, said the complainant was asking the judge to make an order to put her son into a health facility.
The judge said he could not make such an order.
He said: “If you withdraw your complaint he has to be released on foot of these charges.”
Mr Quinlan said his instructions from the defendant were to enter a plea of guilty to the charges.
Judge Kelleher said with all of the issues being raised it was too rushed to deal with them yesterday and he remanded the accused in custody until Friday to deal with the matters then.
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