A 22-year-old man has been refused bail, accused of assault causing harm to a teenager in Tralee this week.
Leon Gallagher, of Rock Park Avenue, Tralee, appeared in Tralee District Court today facing two charges arising from an incident on Monday evening on the greenway.
The court heard that when Mr Gallagher was charged, he told gardaí he is innocent.
Gardaí allege that Leon Gallagher assaulted a teenager, causing him harm, at 9:20pm on Monday on the greenway in Tralee.
He is also accused of producing a knife in the course of this incident.
The court heard Mr Gallagher was arrested at 9:36pm on Monday night, and he was subsequently charged yesterday evening at 5:30pm.
The court heard Leon Gallagher made a lengthy reply, when the charge of assault causing harm was put to him.
He said, “It’s not me, but it’s going to court anyway. I’m innocent, I live in that area, it’s a coincidence.”
Mr Gallagher continued, “I have a little brother and if someone touched him, I’d freak. I knew something was going on and that’s why I was around the area.”
Outlining the state’s objections to bail, Detective Garda James McCarthy said they had CCTV footage of the movements of the alleged injured party and the defendant, eye-witness statements, and clothing exhibits from which gardaí hope to get forensic evidence.
Detective McCarthy told the court that gardaí believe Mr Gallagher is a danger to the community.
He said gardaí have concerns about him being granted bail, especially given the degree of violence alleged to have been displayed during this incident, which could have had far more serious consequences.
Mr Gallagher’s solicitor Pádraig O’Connell said his client’s reply to the charge was effectively that he is innocent, and he made no admissions.
Detective McCarthy agreed that he has a presumption in favour of bail and a presumption of innocence, and when asked by Mr O’Connell if Leon Gallagher is of a certain fragile disposition, he said “Yes, to a degree.”
Mr O’Connell said this is a very distressing matter for his client, whose mother was in court.)
Judge David Waters said there were no conditions that would satisfy his concerns, and refused bail, remanding him in custody to 28 October, when he will next appear in court.
