A Co Clare woman sustained a broken eye socket, stitches to her face, staples to her head, a collapsed lung that required to be drained, bruises to her body and broken ribs arising from an alleged assault on St Patrick’s Day by her then boyfriend.
That is according to Det Sgt Kevin O’Hagan who told Ennis District Court that Gardai were objecting to bail for Shannon man, Mark Hayes (35) where he is charged with two counts of assault causing harm.
Det Sgt O’Hagan said that it is the State’s case that Mr Hayes of Aidan Park, Shannon assaulted his then girlfriend at a house in Rineanna View, Shannon on St Patrick’s Day and assaulted another man unknown to him on April 11th at Aidan’s Park, Shannon.
Det Sgt O’Hagan stated that arising from the alleged assault against the woman on March 17th, she spent 11 days in hospital and required surgery on her broken eye socket.
Det Sgt O’Hagan said that it was “a very serious assault”
In the second assault, Det Sgt O’Hagan stated that it will be alleged that Mr Hayes assaulted a man unknown to him on the street in Shannon punching and kicking him and forcing him to the ground.
The alleged victim required hospital treatment. Det O’Hagan said that he spoke to Mr Hayes’s former partner and said that she is in fear of the accused.
Det Sgt O’Hagan said that the alleged victim was willing to give evidence via video link for the bail hearing.
He said: “She is in that much fear that she doesn’t want to be in the same room as the applicant.”
Det Sgt O’Hagan said that he also met with people in the vicinity of the house who are witnesses “and they have a serious fear of intimidation of the accused”.
He said: “My biggest fear is interference with witnesses and especially the alleged victim from March 17th”.
From the court’s custody suite, Mr Hayes commented “absolutely not”.
Det Sgt O’Hagan said that due to the seriousness of the charges, he was satisfied that both cases will be going to the circuit court.
Det Sgt O’Hagan said that he was confident that the State can put forward a very strong case in relation to the charges.
The senior detective said that Mr Hayes has put forward his grand-mother’s Shannon address as a bail address.
He said: “She is willing to take him in and has taken him in the past and put him out.”
Det Sgt O’Hagan said that Gardai were objecting to the address as it is only 500 metres from the two alleged assaults.
He said: “Subsequent to March 17th, we called there numerous times looking to arrest Mr Hayes and she told us that he wasn’t there, yet that is where we found him on the day he was arrested on April 11th.”
Det O’Hagan said that Mr Hayes was aware that Garda were looking for him for the alleged March 17th offence and he didn’t make himself available.
Solicitor for Mr Hayes, Stiofan Fitzpatrick said that his client is entitled to the presumption of innocence and commented that it may be one year before the case comes before the circuit court for trial.
Mr Fitzpatrick said that there was no evidence of witness interference before the court.
Det Sgt O’Hagan said that no bail conditions could allay Garda concerns.
However, Judge Alec Gabbett refused bail commenting that the alleged assault “is very serious”.
Judge Gabbett remanded Mr Hayes in custody to appear via video link at Ennis District Court to April 16th.
Judge Gabbett told Mr Fitzpatrick that he can apply to the High Court for bail.
