Man allegedly had ‘pickaxe handle and corrosive liquid’ for use in assault

A man with an address in England has been granted bail for a number of offences  including assault causing harm and possessing an article for the purpose of causing injury.

Derek McDonagh, 33, with addresses at 4 Honeypot Lane, Darlington, UK and 74 Talbert Road, Ellesmere Port, Cheshire, UK was before Ballyshannon District Court on Friday, January 3.

Detective Garda Ciaran O’Brien gave evidence of arresting the defendant ahead of the court sitting.

McDonagh is charged that on May 5 ,2023 at TJ Hughes Service Station, Cloghore, Ballyshannon, he had in a public place a pickaxe handle and corrosive liquid intended to cause injury in the assault of Patrick Joseph Ward. The offence is contrary to Section 9(5) Firearms and Offensive Weapons Act, 1990.

The defendant is also charged with assaulting Ward and causing him harm on the same occasion, contrary to Section 3 of the Non-Fatal Offences Against the Person Act 1997.

McDonagh is further charged that he recklessly engaged in conduct namely being a passenger in a vehicle which rear-ended a vehicle driven by Patrick Joseph Ward, creating a substantial risk of death or serious harm. That offence is contrary to Section 13 of the Non-Fatal Offences Against the Person Act 1997.

Detective Garda O’Brien told the court that McDonagh made no reply when charged.

The detective said that there was no garda objection to bail, subject to conditions as follows: A bond of €10,000 of which €3,000 was to be lodged in court; that he provide gardaí with his UK address and notify gardaí of any change of address; stay away from Ballyshannon except for court purposes; provide a mobile phone number to gardaí and be contactable on that number at all times; not commit any further offence; have no contact directly or indirectly with the injured parties.

Inspector Anthony Coyle said that the Director of Public Prosecutions (DPP) consented to the accused being sent forward for trial, or to him being sent forward for sentencing on an assigned plea.

Judge Sandra Murphy remanded the defendant on bail to Ballyshannon District Court on February 21 for service of the book of evidence.

Barrister Patrick O’Sullivan acting for solicitor Tom McSharry asked for legal aid to be granted to Mr McSharry.

“He is on social welfare in England,” said Mr O’Sullivan.

Legal aid was granted.

A bail lodgement of €3,000 cash was handed in to court. 

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