Bail denied for man charged with assault in Tesco car park

A man has been remanded in custody following an alleged serious assault at Tesco car park in Letterkenny on Wednesday.

Matthew Lafferty was brought before Buncrana District Court on Thursday when bail was denied.

Lafferty, a 35-year-old with an address at Calhame, Letterkenny, was charged with assault causing harm to Michael Mawhinney. The offence is contrary to Section 3 of the Non-Fatal Offences Against The Person Act, 1997.

Evidence of the arrest, charge and caution of Lafferty was given to the court by way of schedule.

Garda Thomas Nugent told the court that Gardai were objecting to bail. The court heard that there were 15 bench warrants for Lafferty since 2007. Lafferty is known to the injured party and there was a fear of possible interference.

The court was told that Lafferty has 14 previous convictions for burglary, six for criminal damage and one for assault. Lafferty had previously committed offences while on bail, Garda Nugent said.

Garda Nugent said the alleged incident was captured on CCTV and told the court that Lafferty ‘made admissions to a certain extent’.

Gardai objected to bail, citing the nature and degree of the seriousness of the charges and the sentence  charged and the sentence likely to be imposed upon conviction.

Mr Patsy Gallagher, solicitor for Lafferty, said the last bench warrant for his client was in 2019. He said Lafferty had given ‘an explanation rather than an admission’.

“There was an altercation where there was provocation alleged and Mr Lafferty retaliated,” Mr Gallagher said.

Asked by Mr Gallagher if he was aware that the alleged injured was making a withdrawal statement, Garda Nugent said he was not aware of any such suggestion.

Judge Éiteáin Cunningham asked if there were any conditions that could be imposed to allay the State’s concern. Garda Sergeant Sean McDaid said there were none.

Lafferty was put in the witness box by his solicitor. He said he would undertake to abide by bail conditions. Lafferty said he accepted there was an alleged incident at Tesco and an interaction with an individual he has known for ‘a few years’. Lafferty said he was happy to stay away from Mawhinney’s address.

Sergeant McDaid said it was the State’s case that there seemed to be a ‘bartering process’ ongoing regarding the possible withdrawal of allegations. He said there was a fear that there would be further serious offences if Lafferty was released.

“No-one can tell the future,” Mr Gallagher said. “There was a misunderstanding and he gave a full, frank and honest account in the witness box.”

Mr Gallagher said his client is ‘on the road to recovery’ and asked that bail be granted.

Judge Cunningham said the prosecution had established a case regarding the likelihood of Lafferty reoffending and the possible interference with witnesses.

Taking into account the nature and degree of the seriousness of the charges and the sentence  charged and the sentence likely to be imposed upon conviction, Judge Cunningham refused bail.

Lafferty was remanded in custody to appear via video link at Monday’s sitting of Letterkenny District Court.