A DISTRICT court judge has been informed that a file has been sent to the DPP in relation to an alleged assault at a Clonakilty hotel late last year.
Judge James McNulty was dealing with the case of Ruslan Koval at Bandon District Court last week. The accused, on charges of assault causing harm and the alleged production of a knife, has been in custody since the incident at the Clonakilty Hotel on December 12th last.
At a previous court sitting in Clonakilty, the judge was told that gardaí had been awaiting a medical report from Cork University Hospital to be produced on the injured party before the file could be sent to the DPP.
Solicitor Lorna Brooks said at that court sitting that they had applied for bail for their client on two previous occasions, but they both fell through.
She had an address in Bandon and the person living there was willing to put her client up.
However, Sgt Tom Mulcahy said the State didn’t have confidence in this new address.
Ms Brooks said this is the third address that they have come up with, and that they are running out of options now.
‘He is originally from the Ukraine and he has now lost his place at the hotel and is now of no fixed abode,’ said Ms Brooks.
Gda Joe Grimes of Clonakilty Garda Station said they were objecting to the accused being released on bail due to the seriousness of the charges.
Gda Grimes also stated that if the accused is released on bail, there is a suspicion that he might intimidate witnesses in the case.
Ms Brooks asked him if he could back up that statement, while Gda Grimes said that the accused may have been in a relationship with one of the witnesses. Gda Grimes also objected to the new address in Bandon which was proposed by Ms Brooks.
‘The person at this address has come to garda attention previously and two other people in the house have also come to our attention. It’s not a suitable address,’ said Gda Grimes, who added that there are eight people living there.
Ms Brooks reiterated that her client is of no fixed abode and not many people will take him in.
‘This man is willing to take him in and his background has nothing to with Ruslan, who has been in custody since December 12th.’
The solicitor said her client should be ‘given a chance’.
‘He has co-operated with gardaí and has surrendered his passport,’ said Ms Brooks.
Judge McNulty described it as a ‘conundrum’ and noted the seriousness of the charges.
He refused to grant the defendant bail and told Ms Brooks that he can apply to the High Court for bail.
Judge McNulty remanded the accused in custody to appear in court again on March 5th.
