'Esteemed surgeon' allegedly slashed arm of fellow resident at Kerry refugee centre, court told
Gardaí objected to the granting of bail given the seriousness of the charge and their view that the accused man could flee the jurisdiction. Picture: iStock
An ‘esteemed surgeon’ who allegedly ‘slashed’ the arm of a fellow resident in a Kerry residence for Ukrainian refugees at the weekend requiring hospitalisation and 40 stitches, has been granted bail, after he appeared at a sitting of Tralee District Court on Monday.
Gardaí objected to bail due to what they said was the serious nature of the offence on Saturday night at the Purple Heather in the Gap of Dunloe, Beaufort, near Killarney. The court also heard that gardaí feared he would flee the jurisdiction.
Alexic Shenduk, 53, was charged with assault causing harm to Volodymer Levenets at the Purple Heather, Gap of Dunloe, on December 16, contrary to Section 3 of the Non-Fatal Offences Against the Person Act, 1997.
A Ukrainian interpreter was sworn in at the outset.
Evidence of arrest, charge, and caution was given by arresting garda, Detective James Daly. The Purple Heather was a residence for Ukrainian refugees, the detective outlined. Alexic Shenduk was arrested by way of schedule on Sunday 17 on suspicion of the assault.
In reply to the formal charge, having been cautioned, Alexic Shenduk said: “He came into my home. Not me into his home. He was cursing to me, not me cursing to him. He promised to kick me in the neck, not me threaten to kick him in the neck.”
He said he was asleep and people were smoking and shouting outside his window, saying if they were not, he would ‘just sleep’, the detective said.
Inspector Dan Holland told the court the State was objecting to bail.
Detective Daly said the objection was because of the nature and seriousness of the offence.
It was alleged that at 9.30pm on the night, the accused “slashed Volodymer Levenets with a knife on his upper left arm”.
Detective Daly said Mr Levenets was conveyed to University Hospital Kerry in Tralee “where he received treatment for an 11cm laceration on his upper left arm, which required 40 stitches as a result of the assault”.
A person convicted of assault causing harm is liable on conviction on indictment to a fine or to imprisonment for a term not exceeding five years or both, he said.
He said there was ‘compelling CCTV evidence’, the defendant is known to the victim as they both reside at the Purple Heather and there were also witnesses to the incident.
Gardaí fear the accused would not turn up for future court appearances if granted bail. A Ukrainian refugee, if granted bail he would leave the jurisdiction if granted bail. He was also likely to interfere with witnesses, the detective said.
Defence solicitor Padraig O’Connell, cross examining, said his client was a father of two and had no previous conviction the court was aware of.
“He is an esteemed medical surgeon from the Donetsk region, working in a top hospital in Donetsk and fleeing the war,” Mr O’Connell said, adding that it was self-defence and his reply was ‘germane’ to the whole matter in that the alleged victim came to him and was cursing at him.
He was a Ukrainian refugee, that was accepted and he had been here for a year. "This is a professional individual fleeing war," Mr O’Connell said.
Insp Holland insisted it was a very serious incident, saying what concerned gardaí was ‘the reaction’ by the accused to people smoking outside the window.
“This man had to receive 40 stitches,” the inspector said of the alleged injury.
Judge Philip O’Leary said he would grant bail but he was concerned about ‘proximity’ of the parties. Mr Levenets had been discharged from hospital back to the Purple Heather, the court was told.
The court was adjourned briefly while bail conditions were agreed.
They include that Mr Shenduk would endeavour to find alternative accommodation and stay away from the Purple Heather and the injured party, surrender his passport, and sign on daily at Killarney Garda Station and provide his mobile phone number.
The matter is to come before Dingle court on Friday, for directions from the DPP. The accused is not required to be present.
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