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District Court judge refuses jurisdiction in alleged assault of teenager in Cahersiveen

Apr 18, 2024 08:09 By radiokerrynews
District Court judge refuses jurisdiction in alleged assault of teenager in Cahersiveen
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A District Court judge has refused jurisdiction in what he called the very serious matter, of an alleged assault of a teenager in Cahersiveen.

50-year-old Thomas McDonagh of 3 Fertha Drive, Cahersiveen, is accused of assault causing harm, in an alleged incident which involved a scalpel.

Mr McDonagh faces two charges; one of assault causing harm, and the other of producing an article, namely a scalpel with a sharply pointed blade, capable of inflicting serious injury in the course of a fight.

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Both charges relate to one alleged incident at 3 Fertha Drive, Cahersiveen, on February 12th this year, which left a teenager with stab injuries.

Mr McDonagh appeared before Judge Philip O’Leary at Tralee District Court via video link from Cork Prison, where Inspector Chris Manton said DPP directions are not yet available.

Inspector Manton said jurisdiction in this case was not yet decided, and he could provide medical reports and photographs of the injury that could assist the court.

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Jurisdiction relates to which court will hear the matter.

Minor matters may be heard in the District Court, but more serious matters are usually heard in a higher court, such as the Circuit.

Upon viewing the photographs and medical report, Judge O’Leary said these are very serious injuries, and Inspector Manton told him the alleged instrument was a scalpel.

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Judge O’Leary said this is a very serious matter, and refused jurisdiction.

This means the matter will now go before a higher court, once the prosecution’s evidence has been served on Mr McDonagh.

Mr McDonagh was remanded in custody for a further two weeks, for the book of evidence to be served on that date.

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