'Decent, peaceful' Cork man charged with assault at sheltered accommodation

The man was allowed out on bail despite gardaí believing that it was inevitable the parties would meet each other

The defendant's solicitor commented that he had no doubt that the case would be dealt with summarily at Cork District Court. Photo: Dan Linehan

A 65-year-old man living at sheltered SHARE accommodation in Cork City was arrested and charged with assaulting a 79-year-old resident at the same complex.

It is alleged that he entered the complainant’s home carrying a brick and later struck him about the legs with a chair.

Garda Shane Prendergast responded to a call to the accommodation at 9.30am on Tuesday, August 31. He arrested David Kearney, 65, and charged him with assault causing harm to the older man who lives nearby at Skellig House, Rope Walk, Sunday’s Well, where the accused also lives.

Sergeant Pat Lyons said there was an objection to bail being granted to the accused and that the concerns of gardaí were primarily based on the proximity between the accused and the alleged injured party.

Garda Prendergast outlined the allegations in the case at Cork District Court. It is alleged the defendant went to the other man’s home at 9.30 on Tuesday morning carrying a brick and went into the property. Two women working with SHARE heard raised voices and went to the scene.

Garda Prendergast said it was alleged the defendant discarded the brick outside the property. However, it was alleged that the defendant hit the 79-year-old man on the legs with a wooden chair.

Judge Olann Kelleher said that a charge of assault causing harm contrary to the Non-Fatal Offences Against the Person Act was a serious charge.

Defence solicitor Frank Buttimer said that witnesses described seeing the complainant “up and about” outside the property within 10 minutes of the alleged incident. The solicitor commented that he had no doubt that the case would be dealt with summarily at Cork District Court.

Applying for bail to be granted to David Kearney, Mr Buttimer said: “He is himself a vulnerable individual. He is a peaceful individual generally. 

He is from the famous Coal Quay area of Cork city but he has found himself in circumstances where he is now provided with sheltered accommodation by SHARE. 

"My client was fully amenable to the guards. In all respects he comes across as a decent, peaceful, pleasant individual,” Mr Buttimer said.

Garda Prendergast confirmed that the defendant co-operated with the investigation.

The garda said their only concern in relation to bail was the belief that it was inevitable the parties would meet each other.

Judge Kelleher directed that the matter would be adjourned briefly so that bail terms could be set by the prosecution. When the matter concluded, Sgt Lyons set out the bail conditions which require the defendant to sign daily at the Bridewell garda station, abstain from intoxicants and remain sober, have no contact with the alleged injured party and keep a curfew to be home between 10pm and 6am every night.

Mr Buttimer said there would be no difficulty with those conditions, adding that the defendant did not drink. David Kearney also added that he would be in bed by 10pm every night anyway.

The case was adjourned until November 3 to allow time for directions to be obtained from the Director of Public Prosecutions.