Letterkenny assault accused hits out over sentencing delay at Circuit Court

A man awaiting sentencing for the serious assault of a young woman in Letterkenny has hit out at a delay in his case.

Seamus Cooley, who previously pleaded guilty to the assault of Shanan Reid-McDaid, was due to be sentenced this week at Letterkenny Circuit Court.

However, the court heard that a psychiatric report is outstanding in the case and that a date can’t be obtained for an assessment until December.

Mr Senan Crawford BL, representing Cooley, asked that the matter be adjourned.

Barrister for the State, Ms Fiona Crawford BL, told the court that the injured party in the case has travelled from Australia for the case.

Judge John Aylmer said it was “unfortunate” that the woman had travelled, but that a delay was now “unavoidable”.

At this point, Cooley - who appeared via video link from Castlerea Prison, where he is in custody - interjected and said: “I was to be sentenced as soon as possible. There is no psychiatrist appointed at this stage. I want to be sentenced as soon as possible.”

Judge Aylmer said he was not getting involved in appointing a psychiatrist and told Cooley he was acceding to his counsel’s application for an adjournment to facilitate a report being prepared.

“There were three and a half months to prepare the report,” Cooley said. “That is not my fault. That is the State’s fault.”

Ms Crawford suggested that the matter could be put into the Donegal Circuit Court list in December. Judge Aylmer agreed and said he hoped that matters could be expedited then. 

“I am happy to sentence as soon as possible,” Judge Aylmer said, adding that he felt Cooley should “go along” with his barrister’s application.

Cooley asked why he could not be sentenced next week and Judge Aylmer granted liberty for the matter to be mentioned again.

The 50-year-old was charged with assaulting Ms Reid McDaid and causing her harm on October 15, 2017 at Castle Street, Letterkenny.

Cooley was remanded in custody at Castlerea Prison after being found to have breached conditions of his bail when he appeared at Cavan Circuit Court on June 20.

In remanding Cooley in custody at Cavan Circuit Court, Judge Aylmer said that the accused had “displayed arrogance” and showed a “flagrant disregard” for bail conditions previously set by the court.

Under the terms of his bail, Cooley was due to sign-on three times a week at Buncrana Garda Station, but he had only an 82 per cent adherence. Cooley told the Gardai that he was happy with the amount of times he was signing on and that he was happy to sign on when it suited him. He told Gardai that he started working throughout the country and it “didn’t suit him some days” to sign on.

In July, when he tendered a guilty plea, a fresh application for bail was refused by Judge Roderick Maguire at Letterkenny Circuit Court. Judge Maguire noted that an affidavit of Garda Neil Kemmy shared three breaches: he was not inhabiting an address given to Gardai; he was not signing on as required; and he interacted with the complainant.

Judge Maguire said that, given the history in the matter - noting that Cooley was given a chance to adhere to conditions, but then breached them - he would not grant bail.

In February 2020, Cooley was sent forward to the Circuit Court and a court previously advised that media coverage of the case should not include the accused’s address.