The young victim was a customer in the Bombay Spice takeaway in Lisnaskea awaiting a food order
A 25-year-old Enniskillen man accused of an unprovoked attack in Lisnaskea in which he forced the injured party to withdraw £100 from a cash machine and made threats to shoot and put him in a body bag has been denied bail.
Martin Terrence McDonagh, of Drumawill Gardens appeared via videolink at Fermanagh Magistrates Court accused of robbery and grievous bodily harm.
A PSNI constable outlined details of the charges against McDonagh.
He told the court that on Sunday November 30, 2014, the young victim was a customer in the Bombay Spice takeaway in Lisnaskea awaiting a food order ‘completely sober’ when it is alleged McDonagh approached him acting in an agitated manner.
The officer alleged that McDonagh asked the injured party if he had any drugs and if he wanted any drugs.
At this point, the injured party decided to leave the takeaway and went to wait for the order in his car.
The officer then told the court that McDonagh followed him to his vehicle and dragged him to the ground and into a nearby alleyway.
The officer alleged that McDonagh then punched the injured party to the face and kicked him on the ground, with the victim also sustaining a bite mark on his arm.
The officer also told the court that the defendant threatened the injured party, telling him he would be ‘shot’ and ‘put in a body bag’.
In his statement to the court, the constable also stated that he allegedly forced the injured party to withdraw £100 from the cash machine and then further assaulted him.
The police constable told the court that during this attack, McDonagh reportedly stole a number of items from the injured party, including an iPhone 4S. However, during a search of a property linked to the defendant, the phone was recovered.
In opposing bail, the police constable stated these were very serious offences and said the accused posed a risk to the public as this was an unprovoked attack on an innocent man simply ordering food.
He also noted McDonagh’s record, albeit in another jurisdiction.
The constable highlighted a number of convictions of a similar nature in the past and a number of occasions in which the defendant failed to appear in court when summoned.
The police officer submitted there was a risk of interference with the victim in the case as he said McDonagh had stolen the victim’s driving licence during the attack and had told him he knew his address.
He added there was considerable CCTV footage linking McDonagh to the charges
Defence solicitor Myles McManus stated that no cash surety could be offered on McDonagh’s behalf and told the court a previous address listed for bail in Enniskillen had been deemed unsuitable by police.
District judge Greg McCourt noted McDonagh’s, “huge record for someone of 25 years of age” and acknowledged his previous five year custodial sentence imposed in Castlebar Court in October 2011, the last 18 months of which has been suspended.
The judge called the defendant’s record ‘appalling’ and told McDonagh there was “no way in which any court could grant you bail.”
He refused the bail application on the grounds there was a high likelihood of re-offending and stated it was unlikely McDonagh would turn up for his trial.
The accused will next appear via videolink at Fermanagh Magistrates Court on January 12, 2015.
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