10 Aug 2022

Newbridge assault case delay objections rejected


Kildare man with 144 previous convictions jailed for threatening to bit Garda's face off

File Photo

The case against a man charged in connection with an alleged attack on a Newbridge man was adjourned again at Naas District Court on July 2.

Brian Ibe, whose address was given as 35 Moore Park, Newbridge, and no fixed abode, is alleged to have entered that address as a trespasser and committed an arrestable offence and assault causing harm on April 28 last. He appeared via video link from Cloverhill Prison.

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Wearing a grey sweatshirt he spoke only to acknowledge the presence of his solicitor Tim Kennelly.

Mr Ibe at times smiled and laughed and appeared not to be paying full attention to the proceedings.

The court heard that while the court has requested psychiatric and psychological reports, Mr Kennelly said these assessments had not come to fruition.

Det Insp Damien Gannon told the adjourned hearing that while several reports relating to the case have been received, a final report, dealing with toxicology, is awaited.

He told Judge Desmond Zaidan that this may be available in mid-August, but this is not “guaranteed”.

He added that he had got this information from the State Pathologist’s office when he pressed the matter.

Cross examined by Mr Kennelly, who again opposed an adjournment, he said a toxicology report discloses the presence of substances like alcohol or drugs in the system.

Mr Kennelly applied for the issue to be struck out and said his client has maintained his innocence from the outset and no admissions whatsoever have been made.

“He has told me at all time that he didn’t do this,” he said, adding that the defendant has been in custody since mid-April.

Referencing the fact that delays had been attributed to restricted working hours brought about by Covid-19 restrictions, he said this is “wholly unsatisfactory” given that there has been a gradual easing of many lockdown restrictions.

He said there is no reason why a toxicology report could not be done sooner.

Judge Desmond Zaidan said that the allegations facing the defendant are not minor and he would refuse jurisdiction without any other charges that may arise.

He said the Director of Public Prosecutions has made no decision on how the case would proceed and the defendant is presumed innocent.

“I can see what’s going on, that there may be an additional charge.”

He said the situation is not satisfactory but the defendant is not compromised and has a right to seek bail in the High Court.

“Unfortunately the State is alleging that a fellow citizen has lost his life in violent circumstances,” he added.

Judge Zaidan indicated that he would consider the delay issue again beyond mid-August.

Judge Zaidan said that the State agencies have to give the issue priority because Covid-19 restrictions, as reason for the delay, “will wear thin.”

The case was
adjourned again until August 16 next.

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