A bench warrant has been issued for the arrest of a Ballyshannon man who allegedly stamped on the head of another Ballyshannon man during an alleged altercation in the town.
Colin Kelly, 18 College Street, Ballyshannon also pulled Brian McCaffrey into his flat and assaulted him causing footprints to appear on his head, was not in court to hear the evidence of the alleged injured party Brian McCaffrey and his fiancé Gina Devaney, the court heard.
When Judge Kevin Kilrane asked if the defendant could not be brought before Friday’s sitting of Ballyshannon District Court, a garda said he “was an elusive character” who moved around a lot.
Brian McCaffrey told the court that he was in his flat with his girlfriend in College Street and his stepdaughter when he heard a commotion in an adjoining flat.
He said he was annoyed, and he went to the other flat and knocked loudly on the door.
The complainant said that Colin Kelly and his co-accused Paul Gallagher came to the door.
Colin Kelly pulled him into the flat by the head and there were footprints on his head and the defendant was jumping on his face while he was on the ground, the court heard.
He added that the gardai had taken photographs of his alleged injuries and scratches to his neck as a result of the alleged assault.
The witness added that he did not think that Paul Gallagher had done anything. He told the court that his fiancé Gina Devanney then came into the flat and was trying to get him up off the floor.
The witness said the couple’s young daughter was coming down the stairs, frightened and crying. He added that Colin Kelly went to hit the child and the gardai were called. The witness said he was not going to press charges initially but went ahead for the sake of the couple’s daughter.
Gina Devaney told the court the couple’s little girl was crying a lot as a result of the noise in the adjoining flat in the early afternoon. There was a lot of noise and their little girl was crying and they turned on the television as a distraction. Her partner Brian McCaffrey was angry and he went to the flat.
This witness said things had gone quiet and she got worried. When she went to the other flat she saw Colin Kelly stamping on Brian McCaffrey’s head.
She tried to pull Brian McCaffrey to his feet and Colin Kelly tried to punch her in the face but she ducked and he hit her on the shoulder. Her daughter was crying so she grabbed her and took her away.
The witness said she had suffered a bruise to the shoulder.
Judge Kevin Kilrane struck out a charge against Paul Gallagher after an application from defence solicitor Gerry McGovern. The judge issued a bench warrant for the arrest of the defendant Colin Kelly.
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