Inmate asks court to allow him attend funeral

A prisoner applied on humanitarian grounds to be allowed out to attend his mother’s funeral today against a background where he is accused of attacking a woman and threatening to petrol-bomb her home and kill her and her two children.

Michael Rutherford, aged 47, of Chapel Gate, Ballyvolane, Cork has been in jail since his arrest in October by Sergeant Kieran O’Sullivan who charged him with assault causing harm to the woman on Monday evening, October 17, 2016.

The injured party, who is aged around 35, said at the time that she feared for her life and the lives of her two children.

Frank Buttimer, defence solicitor, said the matters referred to were only allegations and were denied and that Rutherford was charged only with assault and not with making threats.

Sergeant O’Sullivan said the complainant in the case knew Rutherford who allegedly walked up to her on Glen Avenue, said something to her, punched her in the face knocking her to the ground and continued punching and kicking her. He also allegedly threatened to burn her house by petrol-bombing it and threatened to kill her children.

Mr Buttimer said the accused accepted the decision of Judge Marie Keane to remand him in custody in October and he had not appealed this decision to the High Court.

However, Mr Buttimer said: “There is now in effect a humanitarian application for bail.”

The solicitor asked if some structure could be put in place to facilitate the accused in attending his mother’s funeral at 11am today.

Det Sgt O’Sullivan said gardaí still had reservations as the defendant had been difficult to locate.

Judge Olann Kelleher said he was not ordering the release of the accused but said he could be brought in the custody of prison officers to the church for the funeral between 10.30am and 12.30pm.