A 41-year-old man was knocked unconscious and kicked in the head when defenceless on the floor on the upper deck of a Bus Eireann bus at Ballyhooley Road in Cork City and on Friday a man was brought before Cork District Court charged with assault.
Detective Sergeant Kieran O’Sullivan objected to bail being granted to 32-year-old William O’Sullivan of 2 Comeragh Close, The Glen, Cork, due to the seriousness of the incident. However, Judge Philip O’Leary granted him bail following an application by solicitor Aoife Buttimer.
The case relates to an incident shortly before 4pm upstairs on the 208 bus where a 41-year-old man was seriously injured. It happened on Tuesday, October 2, as the 208 was being driven from Cork City centre to Mayfield and an argument occurred between two parties, who were known to each other, upstairs in the bus.
Det. Sgt O’Sullivan said: “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.
“An ambulance attended at the scene and rendered medical attention following which the injured party was taken by ambulance to Cork University Hospital.
“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.
“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.”
Defence solicitor, Aoife Buttimer, cross-examined Detective Sergeant O’Sullivan. Ms Buttimer said: “He presented himself at the garda station the following day — essentially to hand himself in.”
Ms Buttimer said that the CCTV showed that “Mr O’Sullivan was followed to the back of the bus by the injured party. 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.”
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.
Judge Philip O’Leary said: “These are very serious allegations against Mr O’Sullivan. There were very serious injuries suffered by the injured party. However, I take into consideration that he did present himself within 24 hours and made significant admissions and (put forward) a plausible defence.”
The accused claimed he was acting in self-defence. Judge O’Leary remanded him in custody with consent to bail on conditions.
They included lodgement of €500 cash, an independent surety of €1,500 with a further €500 cash lodgement. He is to reside at the Comeragh Close address, sign twice a week at Mayfield garda station, have no contact directly or indirectly with the injured party and stay off public transport. He is also required to give a contact phone number to gardaí.
William O’Sullivan was remanded in custody with consent to bail on those terms until October 11 to allow time for DPP directions. The defendant is charged with assault causing harm contrary to the Non-fatal Offences Against the Person Act.
