A man accused of carrying out a “violent and unprovoked attack” on Kerry TD Michael Healy-Rae in south central Dublin this week has been refused bail and remanded to the custody of Cloverhill Prison.
The day after the “politically motivated” attack, gardaí saw and arrested a man who was spotted in the same clothes, walking the same dog with same harness on the same road the incident took place, the court was told.
Anthony Foley (51) with an address at Rosary Road, Maryland, Dublin 8, appeared before Dublin District Court charged with assault causing harm against the Kerry Dáil deputy, an offence which carries an up to 10-year sentence upon conviction.
Foley, it was alleged, spotted Healy-Rae in his liveried Skoda vehicle when the TD was stopped in traffic on Cork Street with the window down while driving home from Leinster House on Wednesday.
“High-quality” CCTV footage of the incident allegedly shows the man, who gardaí identified as Foley, approaching the TD’s car while shouting: “Ah bucko, you’re in the wrong area. Get out of here you f**king snake,”
Det Gda Paul Nolan, attached to the serious crime unit at Kevin Street Garda station, alleged that Foley reached into the driver side window of the politician’s vehicle and punched him in the face before fleeing from the scene.
The court heard that Healy-Rae alerted gardaí to the incident by calling 999. The same CCTV footage showed the Kerry deputy getting out of his car with blood on his face.
Healy-Rae suffered a laceration on his mouth in the alleged assault and needed seven stitches. He received first aid at Kevin Street Garda station before being brought to St Vincent’s hospital for further treatment.
Nolan said the force had taken a photo of the injuries the TD suffered in the incident, but will need a dental assessment to determine whether further “orthodontic damage” was done.
Foley was seen in the same area the next day by gardaí who spoke to him on Cork Street shortly after midday, allegedly wearing the same clothes as the person who was spotted on CCTV the previous day and walking the same “distinctive” dog.
He was spoken to by gardaí and arrested. Nolan gave evidence of arrest, charge and caution, and said Foley made no reply when charged.
Defence solicitor Richard Young said that in the course of interview, his client disputed gardaí identifying him as the perpetrator of the assault, “Not me 100 per cent.”
He also disputed owning the hat and jacket worn by the person in the video and said there were “six or seven dogs” which resembled the canine in the video footage given the mother of his dog had eight puppies.
Foley told gardaí a “distinctive” harness identified by them was readily available in Lidl and many local shops.
The garda said Foley had asked “What’s that around me dog’s neck?” during interview, but Young said that was under dispute.
The solicitor said the case is ultimately an identification issue and that no “identification parade” or line-up of suspects was carried out.
Gardaí objected to granting Foley bail, citing the “nature and degree of serious offence” of the “violent and unprovoked attack”.
Nolan said the alleged offence was “politically motivated” and gardaí fear that Foley “may commit further politically motivated assaults” should he be granted bail.
Nolan said there were “no conditions” that would satisfy its objections.
Young could not understand the bail objection on “incredibly weak” identification evidence and submitted that it was “incredibly dangerous” to sanction pretrial detention based on it. He said it was “quite clear” that it was not his client in the CCTV.
He said Foley, unemployed and in receipt of social welfare, “appreciates the injuries to Healy-Rae are quite serious” and would be willing to sign on with a surety of €500 or €1,000.
Judge Karen Dowling refused bail citing Section 2 of the Bail Act in order to “prevent the commission of further offences” noting the “serious” nature of the alleged offence.
She remanded Foley to the custody of Cloverhill Prison and he is due in court again on Tuesday, September 22nd.