Local man accused of Athlone hatchet assault granted bail

A 29-year-old local man accused of an alleged hatchet assault, which resulted in the victim being hospitalised and needing seven stitches to his nose, has been granted bail at Athlone District Court despite Garda objections.

John O'Neill (29), of Battery Heights, Athlone, was granted bail by Judge Bernadette Owens following the alleged incident at Patrick's Terrace, Bellaugh, Athlone, on September 28.

The defendant was charged with assault causing harm, possession of a hatchet and using threatening, abusive or insulting behaviour.

During a contested bail hearing before Judge Bernadette Owens, Garda Johnny Noone gave evidence of having arrested Mr O'Neill shortly after 7.30am on Wednesday morning before charging him later that morning.

Mr O'Neill was without legal representation in court, due to the ongoing dispute between solicitors and the Department of Justice over changes to the legal aid scheme, and he chose to represent himself during the hearing on Wednesday last (October 7).

Garda Noone said Gardai were objecting to bail based on the seriousness of the charges facing the accused, and fears that a key witness could be interfered with. The Athlone-based Garda said the alleged victim lives in close proximity to the defendant.

The court was also told that the Garda objections also related to the nature of evidence against the accused, which included partial CCTV footage of the incident, and a number of weapons that had been retrieved close to the alleged crime scene.

Mr O'Neill rejected the State’s evidence, telling Garda Noone, and court presenter Sergeant Paul McNally, "Stick to the facts boys... None of this is on CCTV, it's all hearsay.

“Nothing like that happened on the camera I was shown this morning."

The defendant said the case against him was based on "hearsay, ifs, buts, and maybes," and he cited an address along the Roscommon-Westmeath county boundary as a possible alternative address for himself if granted bail.

The alleged victim, addressing the court with the aid of a Ukrainian interpreter, said he had been walking towards his home at around 6.30pm on the evening in question when, "out of nowhere" a man wearing a balaclava began running towards him.

The defendant said he was hit by "axe" which had "sliced" his nose, before he managed to grab the implement from his aggressor.

"I used it and hit him three times and I started to lose consciousness," he told the court.

The alleged victim said that he struggled back to his home but then spent the next three days in hospital where he received seven stitches to the wound on his nose.

Under cross-examination by Mr O'Neill, the witness was asked whether the pair had ever previously crossed paths.

"Does he know me?" O’Neill asked through the interpreter. "Does he know where I live and did he ever meet me before?"

The witness indicated that he had not encountered the accused prior to the events of September 28.

"How is he in fear of his life if the chap doesn't know who I am?" Mr O’Neill asked.

The defendant, in his final submission, appealed to the court to consider his own personal circumstances which included experiencing the loss of three members of his immediate family within a matter of weeks of each other.

Sergeant McNally told the court that the charges facing the accused were particularly serious, stating that it had been an "unprovoked" and "vicious" assault.

Judge Owens felt there were questions to be resolved in the prosecution's case.

"In fairness, the injured party didn't identify Mr O'Neill," she said, noting his reference to how his aggressor was wearing a balaclava.

Judge Owens said doubts also surrounded the clarity of the State's CCTV footage and whether the prosecution could reliably depend on its accuracy in pinpointing the accused as the chief suspect.

"There may well be other CCTV that will provide a different picture, but it is not before the court today," she remarked.

Judge Owens imposed bail conditions on Mr O'Neill, including a 9pm to 7am curfew, no contact either directly or indirectly with the alleged injured party and State witnesses, and an order that the accused must sign on each day at Athlone Garda Station.

The defendant was then remanded on bail to appear again before Athlone District Court on November 4.