A 54-YEAR-old Inniscarra man who gardaí claim used a dog lead to whip and assault an ISPCA officer while she was on the ground has been ordered to stay away from the family farm and have no contact with the alleged injured party.
Hugh O’Brien of Ballyanly, Inniscarra appeared at Clonakilty District Court last Thursday in relation to the alleged assault of animal welfare inspector Caroline Faherty at Ballyanly last Tuesday August 19th.
His 53-year-old sister, Esther O’Brien, of the same address, is also charged with an alleged assault on Ms Faherty on the same date.
Sgt Trish O’Sullivan gave evidence of arrest, charge and caution of both siblings and told Judge Brendan O’Reilly that gardaí were objecting to the granting of bail for Hugh O’Brien due to the seriousness of the charge.
Gda Nicola Cogan, of Togher Garda Station in Cork city, told the judge that on August 19th Ms Faherty called to the farm after receiving a report about an emaciated dog on the property.
‘Hugh O’Brien struck Ms Faherty and she fell and he then kicked her on the ground. He then took her identification badge and the dog lead she had and he whipped her with it,’ said Gda Cogan. ‘She received a cut lip and bruises and ran out of the farm and rang 999 to report the assault.’
Gda Cogan said that Gda Garry Morris later identified the accused as the man who assaulted Ms Faherty and he was charged with the offence.
Sgt O’Sullivan told Judge O’Reilly that gardaí fear that the accused will commit further offences if granted bail.
Defence solicitor Conrad Murphy said his client does not live on the farm, but gardaí said they were satisfied that he does.
Mr O’Brien told the court that there was ‘no chance in the world’ that he would commit offences as he ‘keeps to himself.’
He said that he will stay away from the farm and ‘keep his head down’.
Mr Murphy said that the alleged incident happened on a family farm and that there was no evidence that his client is a menace to society.
Judge O’Reilly granted Mr O’Brien bail in his own bond of €300 with €100 of that to be provided in cash.
He also sought an independent surety of €1,000 with €300 on that to be provided in cash and that the surety would have to be approved by the court.
The judge directed Mr O’Brien to stay away from the property, have no contact directly or indirectly with the alleged injured party or witnesses.
He is also required to sign on daily at Anglesea Street Garda Station between the hours of 9am and 9pm.
Mr Murphy said Mr O’Brien was not in a position to provide the cash so his client was remanded in custody to appear in Cork City District Court on August 27th.
At that sitting he was further remanded to September 4th.
Judge O’Reilly also granted bail to Esther O’Brien in her own bond of €500 with no cash required.
He also directed her not to have contact with the alleged injured party, ISPCA or the Department of Agriculture and adjourned her case to Cork City District Court to September 25th.
