Breaking: Bail refused for Letterkenny man charged over vicious assault

Bail has been refused for a Letterkenny man who repeatedly attacked another man after knocking him unconscious.

John Sweeney, 27, of Burnside, Letterkenny, has been charged in relation to the attack.

Video footage of the incident, which occurred on Thursday afternoon at the Burnside complex at Lower Main Street, was widely circulated.

A mobile phone, on which the footage was recorded, was seized by Gardaí under Section 7 of the Criminal Justice Act.

Detective Sergeant Johnny Sweeney told the court that the footage was ‘of excellent quality’. The accused, he said, can ‘clearly be seen punching and kicking the inured party several times continuously and at one stage running up and akin to kicking a football’.

Sweeney, who has 54 previous convictions, was arrested on Sunday evening by Gardai and conveyed to Milford Garda Station before. Sweeney appeared before Letterkenny District Court on Monday afternoon. His mother was present when the matter was heard.

Sweeney is charged with assaulting a man causing him harm. He also faces a charge of using or engaging threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace might have been occasioned.

Gardaí objected to bail, noting that Sweeney committed these offence while on bail over other matters.

Detective Sergeant Sweeney said there were concerns that the accused would commit offence if bailed. 

“He has committed a terrible assault while on bail,” Detective Sergeant Sweeney said.

Detective Sergeant Sweeney told the court that the alleged victim declined to make a statement at the time.

“Gardaí are unaware whether he understands or knows how badly he was assaulted as he was unconscious for most of it,” he said.

Solicitor for Sweeney, Mr Rory O’Brien, said the State was relying on footage and no statements had been taken from the alleged injured party or from any witnesses.

“What the State is asking is equivalent to internment,” Mr O’Brien said. “To remand him for a period of time like this is wholly unfair.  My client does not have history of violence as has been suggested and any notoriety stems back eight years ago. The absence of real evidence rather than material floating around social media should not be sufficient to remand him in custody.”

The court heard that Sweeney had already breached bail conditions by failing to sign-on at a Garda station 12 times in recent weeks. Since being granted bail, Sweeney was also detected stealing alcohol from a shop.

Mr O’Brien suggested to the court that there was Covid-19 in his client’s house, meaning he was unable to attend a Garda station. Mr O’Brien added that none of Sweeney’s previous 54 convictions were for assault causing harm or violent disorder.

Judge Éiteáin Cunningham refused bail, noting the seriousness of the alleged offence, the sentence that was likely to be imposed and the strength of the evidence in support of the charges.

Judge Cunningham said the court was satisfied that a refusal was considered ‘necessary to prevent the commission of serious offence’.

Sweeney was remanded in custody to appear again before Letterkenny District Court on October 10.