Two men, including one who is accused of striking a man who later died in hospital in the head with a shovel, have been granted High Court bail.
The accused Cristian Demian (23) of Howth Road, Raheeny and Kevin Rostas (21) of McAuley Park, Artane, appeared before Mr Justice Kerido Naidoo on the High Court bail list this afternoon.
Cristian Demian is charged with assault causing harm contrary to Section 3 of the Non-Fatal Offences Against the Persons Act after it is alleged he struck a man who later died in hospital in the head with a shovel.
Sergeant Gerard Loughnane told the court that the DPP will be seeking to upgrade this charge to one of murder as a result of the death of the injured party.
Kevin Rostas is charged with violent disorder contrary to Section 15 of the Public Order Act, with the court hearing that the Gardaí believe he struck a man with a pole in the midst of the disturbance.
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.
Sergeant Loughnane objected to bail, citing concerns that the accused would flee the jurisdiction; however, Mr Keith Branagan BL, defending both men, said that both have been in Ireland since they were children, have gone to school and worked here, and that Cristian Damien’s wife, children, mother, father, grandparents, aunts and uncles, were all living in the State.
The court later heard that his brothers and sisters are also residing here.
Although the precise cause of the altercation remains under Garda investigation, Sergeant Loughnane said it is believed the men had gone to the location to help a friend who had been asked to leave with his belongings, when a verbal argument turned violent.
Gardaí believe that Damian struck the deceased man on the head twice, including once after he had lost consciousness, the court heard.
The State, represented by Helen Claire O’Hanlon BL, objected to bail, citing the seriousness of the charges both men are facing as well as the strength of the video evidence that has been gathered as part of the investigation.
Arguing for bail in respect of Rostas, Mr Branagan argued that his client had worked in Ireland previously but has been unemployed for the last two years and is the father of a young child. He argued that, having come to Ireland as a child, he, as well as the other accused, has minimal ties to Romania.
Mr Justice Naidoo questioned why the men were supplied with a Romanian interpreter given the length of their residency in Ireland and the arguments claiming they have attended school here, to which Mr Branagan replied that the men’s wives – who were present in court – have “no English”.
The court accepted that the accused men may not be familiar with legal terms in English.
Having heard the evidence, Mr Justice Naidoo said that while the State’s concerns were well founded, these could be met with strict bail conditions
In respect of Cristin Demian, the court ordered a bond of 1000 and an independent surety of €20,000, which is to be approved at a later date.
Kevin Rostas must lodge a bond of €2,000, and a surety of €3,000 is also to be lodged; this too must be approved.
Other conditions include the surrender of travel documents, to reside at registered addresses, to provide mobile phone numbers to Gardaí, and not to go within 1 km of any port.