Judge warns Newtown man facing assault charge over court attendance

A Circuit Court judge has warned a Newtowncunningham man about the necessity to turn up to court.

Judge John Aylmer was speaking in the case of Scott Magee at Letterkenny Circuit Court.

A 28-year-old, with an address at Coill na Ros, Newtowncunningham, Magee was charged with unlawfully assaulting Barry Quinn and causing him harm on December 4, 2021 at Ramelton Road, Letterkenny.

When Magee’s case was called, his barrister Mr Peter Nolan BL advised that his client was not present. He said he had written to Magee and emailed him.

“He has turned up intermittently,” Mr Nolan said.

Ms Fiona Crawford BL, barrister for the State, outlined that there was a previous occasion in November where Magee did not attend court, while two probation reports raised a similar issue with Magee’s attendance with the Probation Service.

Judge Aylmer initially granted an application by Ms Crawford for a bench warrant, but was later told by Mr Nolan that the accused man is in court.

“You are very lucky that you turned up late,” Judge Aylmer said. “You could have ended up in custody until next term.”

Judge Aylmer said it was “with some hesitation” that he was vacating the order for a bench warrant.

“Sorry about that, Your Honour,” Magee replied.

Mr Nolan told the court that Magee has some mental health difficulties and asked for legal aid to be extended to cover a GP report and a psychiatric report.

“That could explain an awful lot,” Mr Nolan said. “He hasn’t been engaging. He is doing himself absolutely no favours.”

Judge Aylmer acceded to the request and adjourned the case to the May session of Letterkenny Circuit Court.

Judge Aylmer told Mr Nolan: “Your client better be promptly in attendance.”