Psychiatric report still awaited for Killybegs man on assault charges

Judge Éiteáin Cunningham adjourned the case of a Killybegs man, who appeared at Donegal District Court for four charges, including two charges of assault causing harm, after she was told that a psychiatric report was still awaited.

James Spendley, 59, of 46 St Cummin’s Hill, Killybegs, appeared at the Ballyshannon Courthouse via a videolink.

His charges relate to two separate dates. Firstly, on a date unknown prior to June 4, 2024, at Harbour View Drive, Killybegs, did assault one person, causing them harm, and without lawful excuse, made to a person, a threat, intending the said person to believe it would be carried out, to kill or cause her serious harm, contrary to Section 5 of the Non-Fatal Against The Persons Act 1997, and Section 3(1) and 3(2) of the Non-Fatal Against The Persons Act 1997, (as amended by Section 20 of the Criminal Justice (Miscellaneous Provisions Act 2023).

Other charges were that on April 7, 2023, at an address at Harbour View Drive, did assault one person, causing them harm, and did without lawful excuse, damage property, to wit, spectacles, intending to damage such property or being reckless as to whether such property would be damaged, contrary to Section 3 of the Non-Fatal Offences Against the Person Act 1997, and Section 2(1) of the Criminal Damage Act 1991.

Francis Gillespie, acting on behalf of the accused’s solicitor, Gerry McGovern, told Judge Cunningham that he was advised that the psychiatric report was still awaited and that an adjournment was being sought.

Judge Cunningham ordered that the case be adjourned until the next Donegal District Court sitting on September 28.

She told Spendley: “We will see you again via videolink on September 28.”

Spendley replied: “Thank you.”

The case was adjourned until September 28.