'Key' report unavailable in case of Cork man accused of fatal assault

Aaron Babbington, above, is charged with assault causing harm to Jason Butler on Grand Parade, Cork, on June 14. File picture: Larry Cummins

The defence in a fatal assault case expressed surprise that the post-mortem report in the case which dates back almost four months is still not available.

Sergeant Gearóid Davis said: “The DPP are outstanding. We are awaiting a full post-mortem report. Everything else is read.” 

Frank Buttimer, solicitor, said on behalf of Aaron Babbington: “I would have thought that post-mortem report would be through by now. It is obviously a key piece of the information.”

While the State sought a two-week adjournment with the accused remanded in custody, Mr Buttimer said the defence was prepared to consent to a four-week remand in custody.

Judge Olann Kelleher commented that the post-mortem should be available on the next occasion in Cork District Court. The defendant appeared by video link from prison.

The post-mortem will be part of an extensive garda file related to an incident where a 32-year-old man died two days after sustaining injuries in an alleged bottle attack in Cork city centre.

Aaron Babbington, aged 29, of 25 Churchfield Avenue, Churchfield, Cork, is charged with assault causing harm to Jason Butler on Grand Parade, Cork, on June 14. Mr Butler died two days later.

It was alleged that the late Mr Butler was slashed in the throat during the daylight incident on Grand Parade at around 7.30pm on June 14.

In relation to bail for the accused, Det Garda Patrick Russell objected to bail on various grounds, including the seriousness of the alleged offence.