herald

Tuesday 18 September 2018

Man 'bitten on back after confronting burglar', court told

Father-of-one Gary Walsh is accused of burglary and assault
Father-of-one Gary Walsh is accused of burglary and assault

A Householder was left with bite marks on his back and both he and his wife were punched in the face when they were assaulted by an alleged burglar in their home, a court has heard.

The couple had confronted the man when they heard him break in through a window at night, Dublin District Court was told yesterday.

Neighbours came to help the couple and the alleged intruder, Gary Walsh, was kept in the kitchen until the gardai arrived at the scene.

Custody

Mr Walsh was refused bail by Judge Brian O'Shea and was remanded in custody.

The father-of-one, of Thomas Davis Street, off Francis Street, Dublin 8, is charged with burglary and assault. The incident is alleged to have happened on July 1.

The court heard that garda objections to bail included the seriousness of the charges and the allegation that the defendant was caught "red-handed" in the property.

It was a domestic burglary and the accused was found in "some state of inebriation," the prosecuting garda said.

He told the judge that Mr Walsh was found in the kitchen and "he knew what was going on at the time".

However, he added that when the accused was brought to Pearse Street Garda Station, his level of intoxication got worse.

Mr Walsh's partner said she was willing to act as a surety if he were granted bail.

They had a four-and-a-half month old son together and he had health problems, she added.

The accused enjoyed an ongoing presumption of innocence and would honour any strict conditions if granted bail, his barrister Keith Spencer said.

He would do "anything and everything" required by the court and would be contactable at all times.

Mr Walsh's son "needs him desperately at this time," Mr Spencer said, adding that he had impressed upon the accused that the court would give him only one chance in terms of bail and if he did not take it he would be "the author of his own misfortune".

Judge O'Shea said he was refusing jurisdiction "immediately" after reading the garda's statement.

"It appears that what unfolded may have been some sort of altercation," Mr Spencer said.

Judge O'Shea said it was alleged that gardai received a 999 call about an intruder at the house.

When they entered, the accused was sitting at the kitchen table in a T-shirt and shorts.

Punched

It was alleged that he had entered the house through a front window. He made a noise and was confronted by the householder, the judge added.

It was alleged that Mr Walsh punched the man in the face and left him with two visible bite marks on his back.

The man's wife came to his assistance and was also punched in the face, it was alleged. Neighbours came and helped keep the accused at the scene, the court heard. The accused was "in effect caught red-handed and restrained at the scene," the judge said.

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