Manslaughter accused has bail revoked for failing to appear in court

David Sweeney is charged with killing a 45-year-old man in Cork City

The warrant was issued on Monday when the accused failed to appear.

A 29-year-old charged with the manslaughter of a 45-year-old man in Cork City in November 2021 had his bail revoked for failing to appear in court for the arraignment of his trial.

David Sweeney, of Cork Simon Community, Anderson’s Quay, was arrested by Detective Sergeant Kieran O’Sullivan and brought before Cork Circuit Criminal Court on a bench warrant.

The warrant was issued on Monday, January 30, when the accused failed to appear for the case.

The prosecution had hoped to organise a trial date for the manslaughter case in the present sessions of the circuit court. 

However, dates have now been allocated for trials and it is no longer possible to give the case a trial this term.

Mr Sweeney said he did not know he was supposed to have been in court on Monday and thought it was the end of February that he was due to appear.

Det Sgt O’Sullivan applied to have the bail revoked and the accused man remanded in custody for the next sessions of Cork Circuit Criminal Court.

Remanded until April

Judge Helen Boyle revoked the bail and remanded him in custody until April 17. 

The judge then agreed to an application by defence barrister Sinead Behan to have the case mentioned again in court on February 20.

While the accused said he thought his case was not due up in court until the end of February, Det Sgt O’Sullivan said he met the accused in Cork city on Saturday and reminded him he was due in court on January 30.

Mr Sweeney said he did not remember meeting the detective on Saturday.

“I can’t remember him telling me that,” he said. 

However, he did not dispute the detective’s evidence on this point. Then he added in relation to the manslaughter case: “It is not something I can run from.”

Judge Boyle said she did not doubt the defendant’s intention to turn up in court but did question his ability to do so — based on the evidence that was presented.

The charge

The charge against him states that on November 4, 2021, at Lower Glanmire Road, Cork, he unlawfully killed Mark Foley.

Mr Sweeney was cautioned by Detective Garda Malcolm Walsh when he was first charged and he replied: “I didn’t mean it.”

The defendant had been charged in November 2021 with assault causing harm.

More recently, that assault charge was withdrawn and the more serious count of manslaughter was brought against him.

The background to the case is that it is alleged that there was an incident at Lower Glanmire Road on November 4, 2021, and that Mr Foley subsequently died at Cork University Hospital on December 5, 2021.