Man sent forward for circuit court trial for alleged assault in Ballyshannon

A 59-year-old man has been sent forward for trial on a charge of assaulting another man and causing him harm. 

Stephen Fitzpatrick of 10 Assaroe View, Ballyshannon, was before Ballyshannon District Court on Friday, January 16. The offence is alleged to have taken place at 10 Assaroe View, Ballyshannon on January 31, 2025. It is contrary to Section 3(1) and 3(2) of the Non-Fatal Offences against the Person Act 1997 as amended by Section 20 of the Criminal Justice (Miscellaneous Provisions Act 2023).

Garda Michael Connolly gave evidence of serving the book of evidence in the body of the court. 

Inspector Dermot Treacy told the court that the Director of Public Prosecutions (DPP) consented to the accused being sent forward for trial to the next sitting of Donegal Circuit Court, sitting in Letterkenny and commencing on June 9. 

Solicitor for the accused, Rory O’Brien drew attention that the usual March sitting of Donegal Circuit Court would not be taking place in 2026.

“The court service has created a huge chasm between the two dates, December and June,” he said. “It is outrageous.”

Making an order to send the accused forward for trial as directed by the DPP, Judge Éiteáin Cunningham issued an alibi warning, telling the defendant: “If you intend to rely on an alibi in your defence, you must notify the prosecutor, in writing, within 14 days.”

Mr O’Brien made an application for a change to bail terms for his client.

“Mr Fitzpatrick has complied with strict bail terms for much of the last year,” he said. “He currently has to sign on four times a week which he has done without fail. I ask that it be reduced to once a week.”

There was no garda objection. Judge Cunningham granted the application.

She also granted legal aid in respect of a solicitor and one junior counsel.