Man, 51, refused bail after 'violent assault' assault of Kerry TD Michael Healy-Rae
Michael Healy-Rae was travelling in his own-branded vehicle in the city on Wednesday when he was approached by a man who assaulted him through the window of his car.
A man has been refused bail after appearing in court charged with the “violent assault” of independent Kerry TD Michael Healy-Rae in what has been described as a politically motivated attack in Dublin.
Anthony Foley, 51, of Rosary Road in the city, appeared before Dublin District Court on Friday charged with assault causing harm.
Mr Healy-Rae was travelling in his own-branded vehicle in the city on Wednesday when he was approached by a man who assaulted him through the window of his car.
Mr Foley was arrested on Thursday by gardaí investigating the incident.
Dressed in a navy jumper and dark trousers, Mr Foley, who is unemployed, did not speak during his court appearance.
Detective Paul Nolan objected to bail under Section 2 of the Bail Act, citing the serious nature of the offence and the likely sentence to be imposed if convicted.
Mr Nolan told the court it was a violent and unprovoked incident which happened in broad daylight and involved a public representative.
The TD was taken to Kevin Street Garda Station and then to St Vincent’s Hospital for treatment for a laceration to his upper lip. He received seven stitches and a course of antibiotics.
Mr Nolan said he was objecting to bail because of the nature and strength of the evidence, as well as the high-quality CCTV which captured the man before, during and after the incident.
He said he had serious concerns about granting bail because of the violent nature of the attack and the political nature of the assault.
He told the court that shortly after 4pm, Mr Healy-Rae contacted emergency services saying that he had been the victim of an assault outside Coombe Hospital.
The TD said he was sitting in his car when he was approached by a man who was shouting obscenities and then punched him in the face.
Photos taken of his injuries were made available to the court.
The court was told that he needs a further assessment from a dentist as to whether there is possible orthodontic damage.
Mr Nolan told the court that CCTV of the incident shows a man shouting at Mr Healy-Rae and being heard saying, “ah Bucko, you are in the wrong area. Get out of here you fucking snake”, before the man approached the TD’s car and punched him in the face.
Mr Nolan said that Mr Healy-Rae got out of his car with blood on his face.
The court was told that the accused was seen walking his dog in the same area where the assault took place the following day. He was wearing dark clothing and glasses.
Mr Foley was arrested at 12.15pm on Thursday for assault and interviewed twice at a garda station.
The court was told that Mr Healy-Rae was driving with his name on the car and was subjected to abuse before he was violently assaulted.
The court was told that the incident happened shortly after Mr Healy-Rae finished work at Leinster House and that the attack was “politically motivated”.
Following his arrest, Mr Foley was asked if he had any political affiliations, to which he replied “no”.
Defence solicitor Richard Young said that his client was not subject to a formal identification parade and that, during the garda interview, Mr Foley was shown CCTV of the incident.
Mr Foley told gardaí that he did not own a hat or a jacket like those seen in the footage, adding that it was “100% not me”.
He said that there must be about “six or seven other dogs” in the area similar to his dog.
He said the mother of his dog had seven or eight puppies, which are all similar, and that the dog’s harness was “readily available” in Lidl and pet shops.
Mr Nolan said the defendant also stated during the interview, “What’s that around me (sic) dog’s neck?”, which was denied by the defence.
Mr Young said the strength of the case rests on identification, yet there has been no identification parade conducted during his client’s detention.
“Therefore, the height of this case is in relation to the CCTV,” Mr Young added.
He also stated that the court is aware of the “inherent dangers” of identification issues.
He added that Mr Foley appreciates the injuries to Mr Healy-Rae are quite serious.
The detective also told the court that, when arrested, the defendant was wearing dark clothing, had distinctive glasses and was walking a dog.
Mr Young told the court that when “you look behind” the evidence, it is “incredibly weak”.
Mr Nolan said the accused was “unequivocal” that he would not take part in an identification parade.
Judge Karen Dowling refused bail, stating that the threshold of Section 2 of the Bail Act had been met because of the seriousness of the alleged offence.
Kerry TD Mr Healy-Rae has said he will not be deterred from his work following the incident.
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