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THE case of a man accused of using a hatchet to assault a man during an alleged incident in Kilkee is to proceed in the circuit court.
At Ennis district court this week, Judge Alec Gabbett refused jurisdiction to hear the case against Andre Donegan (30).
After hearing a summary of the alleged facts, Judge Alec Gabbett said, “I’m slow enough to accept jurisdiction where there is a hatchet. We may need the benefit of a jury. I’m going to refuse jurisdiction.”
“It’s a serious matter, chasing a man down the street with a hatchet,” Judge Gabbet added.
In the case, Andre Donegan, with an address at Smith’s Gardens, Kilkee, is charged with assault causing harm to Brian Clancy.
Donegan is further charged with the production of hatchet during the course of a dispute, in a manner likely to intimidate or cause injury.
Both charges arise from an alleged incident at St Patrick’s Terrace, Kilkee, on June 1, 2019.
Donegan appeared in court this Wednesday via video link from prison where he has been on remand.
The court heard the director of public prosecutions (DPP) directed summary disposal of the case in the district court on a plea of guilty only.
Outlining a summary of the alleged facts to to allow Judge Gabbett consider jurisdiction, Sergeant Aiden Lonergan said it is alleged the accused used a hatchet to cause a cut to the side of the alleged victim’s head.
Sergeant Lonergan said the man was hospitalised but he did not believe that any lasting injury or disfigurement had been caused. A medical report outlining the injuries was handed into court.
Judge Gabbett said it appeared the accused had effectively taken a “hatchet to the head of another man”.
Sergeant Lonergan said it is alleged Donegan landed a glancing blow with the hatchet and did not strike the alleged victim in the middle of the head.
Defence solicitor, John Casey said, “There will be a plea to the assault on a full facts basis.”
Judge Gabbett refused jurisdiction, meaning the case will now be heard in the circuit court.
The judge said, “I have a concern that in a small coastal town like Kilkee, someone is chasing someone with a hatchet.”
Judge Gabbett remanded the accused in custody to appear again in court on September 21. Mr Casey told the court that his client may make an application for bail on that date.
