Two Romanian men charged in connection with an incident of violent disorder in south Dublin which resulted in the death of another Romanian man have been granted bail.
Gratian Rostas (47), of North Circular Road, Dublin 7, and Marcel Rostas (19), of McAuley Park, Artane, are each charged with violent disorder contrary to Section 15 of the Criminal Justice (Public Order) Act 1994. It is alleged that both men, along with a number of other Romanian men, used or threatened to use unlawful violence such as would cause a person to fear for their own safety or that of another.
The alleged offending occurred at Marketing House, South County Business Park, Dublin 18, on the 29th of August.
At a previous hearing, Detective Garda Galligan told the court that initial inquiries had established that approximately 15 people, members of the Roma community, had been residing at the abandoned premises for a number of months. The court heard evidence of an ongoing dispute over personal property among those living there, which gardaí believe escalated rapidly.
Today Detective Garda Michael Murphy gave evidence that CCTV footage showed “lethal” weapons and implements being used during the disturbance, including metal poles, sticks and shovels. He told the court that gardaí became aware of a “large-scale disturbance” and a “violent altercation” on the day in question.
Three men sustained significant injuries during the incident. Two required hospitalisation, and a third later died of his injuries.
The court heard that examination of CCTV footage, together with admissions made during interview, was used to identify one of the accused, who is alleged to have struck the injured man twice in the head with a shovel. It was stated that the accused later returned to the scene and spoke to gardaí on the night of the incident, before his alleged role was established.
Detective Garda Murphy told the court that one witness had received a threatening message stating, “your brother is next,” although this was not attributed to the accused.
He said that gardaí were also investigating a separate incident in which another man was stabbed in the aftermath of the large-scale incident.
Bail objections also included a Garda concern that the accused could travel to avoid prosecution.
Detective Garda Murphy told the court that the accused had been seen holding a hatchet while being restrained by others at the scene. In an exchange with the defence, it was put that holding a hatchet does not of itself make its possession unlawful; the Garda replied, “I have to disagree with you.”
The court heard that the accused is currently residing in homeless accommodation in Dublin 1, and that he has literacy difficulties.
Gratian Rostas first came to Ireland in 2012 and has lived here for more than 15 years. He has worked in construction and a number of other industries, including vegetable picking and refuse collection, and is currently in receipt of social welfare.
He was aided by a Romanian interpreter.
The court was told he has extended family living in Dublin for a long time, as well as family in Romania. A number of family members were present outside the courtroom; the judge noted that they had been kept outside “for order in the court.”
Detective Garda Murphy said that the accused was arrested at approximately 8.50 am the previous day. The court heard that his family would be in a position to assist with a cash bail lodgment.
Detective Garda Murphy read through the relevant provisions of the Bail Act and outlined the Garda position to the court, with Judge Fottrell noting the presumption of innocence.
Defending solicitor Stephen O’Mahony argued that a curfew, surrender of a mobile phone, and a requirement to remain in the jurisdiction might address Garda concerns; however, Garda Murphy said, “No conditions would satisfy me.”
Mr O’Mahony argued that the accused had had the opportunity to flee the jurisdiction but had not done so: “If he was trying to flee the country, he would have done so by now.”
Having heard the facts, the accused was remanded in custody with consent to bail on condition of a cash lodgment of €1,000; a curfew between 10 pm and 7 am; surrender of his national identity document; and a condition that he stay out of the Leopardstown area.
The matter was adjourned to the 18th September.
The court heard that Marcel Rostas was seen during “significant portions of the incident” which were captured on camera.
Detective Garda Steven Maguire said he was “clearly visible participating in the disturbance” during which he “strikes a male” with a “long metal pole.”
“Due to the force and nature of the strike, the injured man was rendered unconscious at the scene,” the court heard.
The court heard Marcel Rostas’ involvement had been established as he was the only one wearing orange at the time.
Detective Garda McGuire said that Rostas had been due to attend Dundrum Garda station twice but had failed to do so, and that he was not satisfied that he was actually residing at the address provided.
“None of his belongings were found at the address”, he said, adding that. “His mother said he stays with his girlfriend,” but then when asked, the accused would not offer any information about this and gave only his name, date of birth, and that address.
His mother produced a letter from Revenue addressed to him at that address; however, Detective Garda Maguire said that he had only been shown the letter that morning and didn’t know if it was genuine.
The court heard that the accused was arrested in an area about two minutes from his stated address but had arrived in a vehicle.
Marcel Rostas, who was also aided by a Romanian interpreter, has been in Ireland for 10 years and attended school in Dublin until fifth year.
Defending counsel: Karl Monaghan BL argued that his client was working; however, earlier on in the hearing it was stated that he was in receipt of social welfare.
The accused said that he had been in receipt of job seekers allowance but had contacted authorities to inform them he had taken up work. When Detective Garda Maguire asked why he was queuing at a post office last Saturday, he claimed that he had gone there to collect a parcel for his girlfriend.
The court heard that his mother, father, and three of his four brothers all reside at the address provided.
Having heard the facts Judge Fottrell granted baul on condition that €3,000 be lodged.