'no reply' | 

Man charged with assault after gardaí attacked in Ballyfermot was ‘caught red-handed’ court told

Jonathan Dolan (46) was refused bail after he appeared at Dublin District Court

The scene on the Ballyfermot Road, Dublin where two gardaí were attacked Photo: Colin Keegan, Collins Dublin© Colin Keegan

Conor FeehanIndependent.ie

A third man charged with violent disorder and assault after two gardai were attacked while responding to a public order incident outside a Ballyfermot pub was caught “red-handed”, a court has heard.

Jonathan Dolan (46), formerly of Colepark Green in Ballyfermot but with a current address in Manor Street, Dublin 7, appeared before Judge Paula Murphy at a sitting of Dublin District Court at the Criminal Courts of Justice this afternoon.

Garda Grace Lumsden from Clondalkin garda station gave evidence of arrest, charge and caution and said the Dolan had made no reply when the charges were put to him.

The court heard that after being arrested and brought to Clondalkin garda station Dolan had to be brought to hospital to have a cast put on his broken knuckles.

In court he was seen to be wearing the blue cast on his left hand.

Dolan’s solicitor, Tony Collier, made an application for bail but this was objected to by Garda Lumsden on the basis of the seriousness of the charge and the strength of the evidence against the accused.

She said that Dolan had fled the scene but was identified and “caught red handed” by high quality CCTV which showed him wearing the same distinctive clothes he was wearing when arrested.

Garda Lumsden said she also believed Dolan could be a flight risk and would not attend trial.

She said the two gardai had been “viciously assaulted” and that it had “life altering” consequences regarding when they would be able to return to work.

Judge Murphy said Dolan has a presumption of innocence but said the State made a compelling case and she refused bail based on the seriousness of the charge.

The court heard Dolan is unemployed and an application for legal aid was granted.

She remanded Dolan in custody to Cloverhill Prison to appear again via videolink on November 25.

Yesterday two other men were charged with violent disorder and assault in relation to the same incident.

Anthony Grogan (54) of Cherry Orchard Park in Dublin 10, and Steven Byrne (35) of Ballyfermot Avenue, Dublin 10, were both charged with two counts of assaulting a garda and one count of violent disorder.

The court heard that both men made no reply when charged.

Applications for bail were made by both men but gardai objected on the basis of the seriousness of the charges.

The court heard that the charges of assaulting the gardai could see maximum sentences of five years on indictment and the violent disorder charge could warrant a maximum sentence of ten years.

The gardai also said that both men were arrested at the scene of the incident, there was significant CCTV evidence. They also felt that both men represented a flight risk.

The court heard Mr Grogan is an unemployed married father of five and has four grandchildren, while Mr Byrne is a father of three working in the pest control industry.

Judge Murphy said that the charges in the case are of a very serious nature with potentially significant custodial sentences, but the accused were entitled to a presumption of innocence.

She granted bail for Grogan on condition that he offer his own bond of €10,000 of which €5,000 would have to be lodged, as well as an independent surety of €5,000.

He was also ordered to reside at his address, observe a 11pm to 6am curfew, surrender his passport, stay in the jurisdiction, sign on at Ballyfermot garda station between 9am and 9pm, and be available to gardai.

Bail was granted for Byrne on condition he provide his own bond of €6,000 with a €3,000 lodgement and an independent surety of €10,000 of which €5,000 was to be lodged.

He was also ordered to reside at his address, observe a 11pm to 6am curfew, surrender his passport, stay in the jurisdiction, sign on at Ballyfermot garda station between 9am and 9pm, be available to gardai, and not to be in contact with his co-accused.

Both Grogan and Byrne were remanded in custody with consent to bail to Cloverhill prison, with Grogan to appear before court again on November 29 via video link and Bryne to appear today.

Four people in total were arrested in relation to the incident, with a woman in her 50s charged by Gardaí on Monday and released from custody.

One garda suffered facial injuries after being beaten over the head with his own torch during the attack outside a pub in Ballyfermot in the early hours of yesterday morning, not long after midnight.

The officers were responding to reports of a row at the premises and were assaulted after trying to defuse the situation.

The assault comes just weeks after the ramming of a garda car in Ballyfermot after which more resources were promised to support officers in the area.

Sources told the Irish Independent that the two injured gardaí are attached to a different station but had been deployed to the area to help boost resources.

The male garda was punched and kicked several times while he was also beaten with his own torch.

His colleague also suffered injuries, and both were taken to St James’s Hospital.

The male garda required several stitches and staples for injuries to his head and also underwent further scans yesterday before being released.

After initial treatment, the female officer was discharged and is also recovering at home.

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