A 32-year-old man has been remanded in custody with consent to bail after he was charged with an assault in which a man was kicked in the head and left lying unconscious on the upper deck of a Bus Éireann bus in Cork earlier this week.
William O’Sullivan of Comeragh Close, the Glen, Cork, was charged with assault causing harm to the 41-year-old man at Ballyhooley Road, Cork, on October 2nd, contrary to section 3 of the Non-Fatal Offences Against the Person Act 1997.
Det Sgt Kieran O’Sullivan of Watercourse Road Garda station objected to bail due to the seriousness of the incident which resulted in the injured party suffering seven broken ribs and having to be put in an induced coma upon his arrival at Cork University Hospital (CUH).
Det Sgt O’Sullivan gave an outline of the alleged assault which happened shortly before 4pm on Wednesday on the 208 bus as it was travelling from Cork City centre to Mayfield. He said an argument occurred between two parties who were known to each other upstairs on the bus.
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“The injured party, who is 41, received numerous kicks to the body and head. The accused exited the bus on Iona Park. Other passengers on the bus alerted the driver who stopped the bus on Colmcille Avenue near Mayfield Garda station,” Det. Sgt O’Sullivan said.
“An ambulance attended at the scene and rendered medical attention following which the injured party was taken by ambulance to CUH. He was medically sedated and put into an induced coma to assist his recovery. It was confirmed that he has seven broken ribs and has severe bruising.
“I contacted CUH before coming to court this morning. He has been taken out of the induced coma, so he is breathing unassisted and is recovering in the intensive care unit,” Det Sgt O’Sullivan said, adding he was also basing his objection to bail on the strength of the evidence against the accused.
“CCTV captured the incident in its entirety. The kicks to the head all happened when he was unable to protect himself as he lay on the floor. When the injured party was unconscious the assault continued ... I believe that if granted bail he is capable of further serious offences.”
Cross-examined by defence solicitor Aoife Buttimer, Det Sgt O’Sullivan agreed that Mr O’Sullivan did present himself at Mayfield Garda station the following day to “essentially hand himself in” in relation to the assault.
Ms Buttimer said that her client’s defence was one of self-defence as CCTV footage from the upper deck of the bus would show that her client was followed by the injured man to the back of the bus, and it was the injured party who threw the first punch in the row that ensued.
“Words were exchanged at the back of the bus. Mr O’Sullivan moved seat. He was followed by the injured party, and he moved seat one more time and was followed by the injured party again and the first punch was thrown by the injured party,” Ms Buttimer submitted
Det Sgt O’Sullivan said: “There may have been a hand thrown forward. Whether it was a punch or not, there is no connection, I counted 10 kicks to the chest and four to the head when the injured party was on the floor ... the injured party was unconscious when he received a number of kicks to the head. It was a savage assault.”
Judge Philip O’Leary said the allegations were “very serious”.
“However, I take into consideration that he did present himself within 24 hours and made significant admissions and (he put forward) a plausible defence,” he said.
The judge remanded Mr O’Sullivan in custody with consent to bail on a number of conditions including that a lodgement of €500 cash, an independent surety of €1,500 with a further €500 cash lodgement and ordered him to appear again on October 11th.
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