A man alleged to have bitten part of another man’s ear off during a row, had his case adjourned to January to await a book of evidence and to await further direction from the Director of Public Prosecution (DPP ) on a subsequent criminal damage charge.
In court this week (October 13 ), Judge Patrick Clyne was asked to decide on how Thomas O’Donnell (28 ), 5 Marine View, Athlone should be tried in relation to his assault causing harm charge, stemming from an incident at Hare Island, Coosan on July 4, 2009.
When Inspector Nicholas Farrell explained that “during an altercation between two people the defendant is alleged to have bitten off the lower part of an ear”, the judge refused jurisdiction, and ruled O’Donnell must face trial in the Circuit Court. The inspector then applied for all matters be put in for a date in January in order to prepare a book of evidence on this charge.
The court heard how O’Donnell is also charged wih a public order offence from July 25 this year on Barrack Street, and criminal damage to the windows of some neighbours at Marine View on the same day. The inspector explained how a file was being prepared in relation to the criminal damage offence, but that there was “no decision on this yet” from the DPP.
O’Donnell’s solicitor, Mr Tony McLynn sought to amend his client’s bail conditions as laid out on September 15, to delete the “stay out of Athlone” condition. He explained how O’Donnell had moved back to his mother’s address in Marine View from Strokestown since his last appearance, but that as “the witnesses have moved away there is no need to adjust this [his address] condition”.
O’Donnell was remanded on continuing bail until January 5.