A Dublin man who denies assaulting Michael Healy Rae in a “violent and unprovoked attack” has been denied bail.
Anthony Foley (51) of Rosary Road, Maryland, Dublin 8, appeared before Dublin District Court after he was charged with assault causing harm contrary to Section 3 of the Non-Fatal Offences Against the Person Act 1997.
The accused denies assaulting Healy-Rae and saying, “Ah, bucko, you’re in the wrong area, get outta here, you fucking snake.”
Detective Garda Paul Nolan for the Garda Serious Crime Unit told Judge Karen Dowling that Healy-Rae suffered a laceration to his lip after being punched, which required seven stitches. The court heard that he is to be assessed by a dentist to ascertain if further orthodontic damage was caused.
Detective Garda Nolan said that the incident was captured on high-quality CCTV and that the accused can be heard “shouting obscenities”.
Judge Dowling said that the court would watch the CCTV as so much “emphasis” was placed on it.
The State alleges that the incident “appears to stem from opposition” to Healy-Rae’s “political position” and that Gardaí were concerned other political figures could be targeted.
The court heard that the CCTV then shows the accused, who was walking a dog at the time, approach Healy-Rae’s car, which was stopped in traffic, before approaching the passenger-side window and punching him in the car.
Foley was charged at 9:15 pm yesterday, the 17th of September, and made no reply.
Gardaí objected to bail, citing the “nature” of the alleged assault and the “strength of the evidence”.
Solicitor Richard Young, defending, argued that the Garda identification of his client was insufficient and that there was no ID parade.
Mr Young argued that when his client was shown the CCTV, he said, No, I don’t own a hat like that,” and No, I don’t own a jacket like that.”
When it was put to him that the dog in the footage was his, he said, “There must be about 6 or 7 dogs similar to that in the area”.
Foley also claimed that the mother of his dog had had eight puppies who were all similar in appearance. The court heard that when asked about the colour of his dog’s harness, which Gardaí say matches the one in the footage, he said such harnesses were widely available in pet shops and in “Lidl”.
Detective Garda Nolan said that when the accused was watching the CCTV, he said, “What’s that around me [sic] dog’s neck?” However, Mr Young disputed this.
The court heard that after the alleged assault, Michael Healy Rae was taken to Kevin Street Garda Station, where he received initial treatment before being conveyed to St Vincent’s Hospital.
Detective Garda Nolan said the accused was seen walking his dog in the same area the next day, wearing the same clothing as that captured on CCTV.
Mr Young argued that “at its height” this was “an identity case”, and cited “a lot of reporting in relation to it” which stated that the suspect “was walking a distinctive dog”, to which Detective Garda Nolan said, “I’m not responsible for what’s reported in the paper.”
Young argued that his client told Gardaí, “It’s 100% not me.”
He said that there was an “inherent danger” in relation to identification issues, arguing that the evidence that his client was the man on the CCTV was “weak”.
Mr Young argued that the evidence against his client was “incredibly weak” and that “pre-trial detention” would be “erroneous and a deep injustice.”
Protesting, Detective Garda Nolan said that Foley was “Unequivocal that he would not participate in an identification parade.”
Having heard the evidence, Judge Dowling said that the court had “listened very carefully” and taken into consideration the measures offered, such as curfew, the lodgement of a surety, and daily sign-on.
She said that due to the”strength and the nature of the evidence” as well as the “sentence likely to be imposed” should a conviction follow, it was necessary to refuse bail.
The accused was remanded in custody to appear before Cloverhill District Court next Tuesday.