Man refused bail as court hears victim lost parts of ears

November 7, 2017

A man appeared in court this morning in relation to an alleged incident in Letterkenny that left another man missing the top of his two ears.

Tony Dempsey (pictured above), with an address at 21 St Eunan’s Terrace in Letterkenny, was arrested following the alleged incident at that address on Sunday night.

Dempsey was arrested at the scene at 11.15pm on Sunday and taken to Letterkenny Garda Station, where he was charged under section 4 of the Criminal Law Act 1997 and section 3 of the Non Fatal Offence Against the Person Act 1997.

Dempsey responded ‘no reply’ to each caution.

Letterkenny District Court heard that Dempsey made ‘a number of admissions’ while in custody.

“There was no admission in relation to the missing ears,” said defence solicitor Patsy Gallagher. “There were admissions made regarding an assault.”

The court heard that the injured party, who is not from the jurisdiction, was missing ‘the top part of his two ears’.

The alleged victim is in Letterkenny University Hospital waiting to be transferred to have surgery.

Gardai objected to the bail of Dempsey, who has eight bench warrants to his name dating back to 2009, arguing that he was a flight risk.

“He has never left the jurisdiction, ever and he has never held a passport,” Mr Gallagher said.

“Admissions that were made have to be in context. There was an argument of provocation. That was proffered in the interview.

“He has put forward his mobile phone and he has had no interaction with the injured party, apart from this one day. He is happy to stay away from the alleged injured party or any witnesses”

“He has resided for some time with his sister in Letterkenny.”

The court heard that Dempsey was in a rehab centre in Tipperary, where he spent four months, when the last two bench warrants were issued.

Gardai said that the defendant’s sister had been living in the house for only two weeks and had been given notice by her landlord to vacate the house within two days.

Dempsey’s solicitor said his client could move to Dublin to reside with his grandmother, but Gardai noted that Dempsey had 28 different addresses, indicating his ‘transient nature’.

Given the seriousness of the offence, the evidence put forward and the likely sentence, Judge Paul Kelly said he was concerned that Dempsey wouldn’t appear for a trial and remanded him in custody to appear, via video link, at next Monday’s sitting of Letterkenny District Court.

Dempsey will also appear at a Dublin Court on Thursday on foot of a bench warrant issued earlier this year in relation to an alleged road traffic matter.


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