Judge adjourns Killybegs assault charges case until September 14

A Killybegs man is to appear at a court sitting at Ballyshannon Courthouse on September 14, via videolink, after a videolink for a scheduled sitting at Donegal District Court was unable to be set up.

James Spendley, 59, of 46 St Cummin’s Hill, Killybegs, was due to appear at the Ballyshannon Courthouse-held sitting, before Judge Éiteáin Cunningham via videolink, to be served a book of evidence for four charges, including two charges of assault causing harm.

However, an adequate videolink could not be provided, and the case was adjourned until September 14.

The accused’s charges relate to two separate dates. Firstly, on a date unknown prior to June 4, 2024, at Harbour View Drive, Killybegs, did assault one person, causing them harm, and without lawful excuse, made to a person, a threat, intending the said person to believe it would be carried out, to kill or cause her serious harm, contrary to Section 5 of the Non-Fatal Against The Persons Act 1997, and Section 3(1) and 3(2) of the Non-Fatal Against The Persons Act 1997, (as amended by Section 20 of the Criminal Justice (Miscellaneous Provisions Act 2023).

Other charges were that on April 7, 2023, at an address at Harbour View Drive, did assault one person, causing them harm, and did without lawful excuse, damage property, to wit, spectacles, intending to damage such property or being reckless as to whether such property would be damaged, contrary to Section 3 of the Non-Fatal Offences Against the Person Act 1997, and Section 2(1) of the Criminal Damage Act 1991.

Solicitor for the accused, Gerry McGovern, told Judge Cunningham: “Mr Spendley has never applied for bail on these charges.

“We have not made a bail application for the assault charges. I am seeking a similar adjournment.”

The court heard that Spendley was in custody on another matter but “has consent to bail,” but “has not been able to take it up.”

Judge Cunningham said: “All I am going to do at this point is I am going to remand on the same terms on September 14.”

The case was adjourned until September 14.