High Court grants bail to man accused of 'totally unprovoked' attack on Michael Healy-Rae

The High Court judge rejected Garda apprehensions that granting bail would lead to another serious offence targeting a politician specifically

Independent TD Michael Healy-Rae was not required to attend the bail hearing. File photo

A dog walker accused of carrying out a "totally unprovoked" attack on Kerry TD Michael Healy-Rae as he sat in traffic in Dublin has been granted High Court bail.

Anthony Foley (aged 51), of Rosary Road, Maryland, Dublin, is charged with assault causing harm to the politician on September 16 at Cork Street. He was denied bail two days later in the District Court.

However, he appealed that decision before Ms Justice Cathleen Noctor, who heard evidence and legal submissions at the High Court on Wednesday. She reserved judgment until Thursday. Ms Justice Noctor emphasised that the accused was entitled to the presumption of innocence and to bail.

Addressing objections that Mr Foley would fail to appear in court and Garda concerns over potential witness interference via social media or at the TD's workplace, she held that there was no evidential basis for those fears.

She noted the seriousness of the broad daylight attack and was satisfied that a conviction would likely result in a custodial sentence.

However, she rejected Garda apprehensions that granting bail would lead to another serious offence targeting a politician specifically. Ms Justice Noctor said she was "not convinced it was clearly politically motivated", but rather an alleged general attack on a person who happened to be an elected representative.

Bail was granted subject to stringent conditions.

Objecting to bail, Garda Sergeant Dave Griffin alleged the accused approached Michael Healy-Rae's car outside the Coombe Hospital just after 4pm and that the politician was the victim of an unprovoked assault.

He said the independent TD had been in his car stuck in traffic when the assailant, who was walking a dog, began shouting obscenities before punching him in the face. The former minister for State was not required to attend the bail hearing.

CCTV footage with audio captured the incident. The attacker said: "Ah bucko, you're in the wrong area, get out of here you fucking snake" before punching him through his open car window. Mr Foley vehemently denies being the person in the video evidence.

Mr Healy-Rae received treatment from an ambulance crew. He was later taken to hospital for a laceration to his lip.

The sergeant told the bail hearing that the complainant also sustained damage to his front teeth, and the full extent has yet to be known, pending an assessment by an orthodontist. Photos of his injuries were handed into court, along with still images from the video evidence.

Sergeant Griffin said they showed Mr Foley walking to the driver's side of the car and punching Healy-Rae, and the TD "getting out of his vehicle with blood on his face".

The court heard Mr Foley was arrested the following day, had been walking the same dog and wearing the identical clothes as in the footage on September 16, and was recognised by the investigating officer, Garda Paul Nolan, from Kevin Street Station.

Questioned further by Keith Branagan BL for the State, Sergeant Griffin confirmed that the accused made denials when he was interviewed twice at the local garda station. The sergeant replied "very much so" when the barrister put it to him that the CCTV footage contradicted Mr Foley's denials.

The State contended that one of the pictures handed into court showed the accused's face. Another captured Michael Healy-Rae's car, which was obviously his because his name was written on the side.

The objections were under Section 2 of the Bail Act and the Supreme Court's O'Callaghan Rules on opposing bail. Mr Foley is due back in the District Court later this month for the DPP's directions to be outlined.