A man accused of assaulting an animal welfare inspector by allegedly knocking her to the ground, kicking her and whipping her with a dog lead has failed to have his bail terms changed and has been remanded in custody.
Hugh O’Brien (54), of Ballyanly, Inniscarra, Co Cork, made his second court appearance at Cork District Court on Wednesday.
He is accused of assaulting Caroline Faherty, an inspector with Irish Society for the Prevention of Cruelty to Animals (ISPCA), at his family home at Ballyanly.
Mr O’Brien and his sister Esther O’Brien (53), of the same address, were charged at Clonakilty District Court last week with assault causing harm to Ms Faherty.
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During that initial hearing, Gda Nicola Cogan gave an outline of the alleged facts in the case in support of a garda objection to bail.
She told Judge Brendan O’Reilly how Ms Faherty had called to the O’Brien farm on August 19th after receiving a report about an emaciated dog on the property.
“Hugh O’Brien struck Ms Faherty and she fell, and he then kicked her on the ground. He then took her identification badge, and the dog lead she had, and he whipped her with it,” she said.
“She received a cut lip and bruises and ran out of the farm and rang 999 to report the assault.”
Gda Cogan said Gda Gary Morris later identified Mr O’Brien as the man who assaulted Ms Faherty and he was charged with the offence.
Sergeant Trish O’Sullivan told Judge O’Reilly that gardaí feared the accused man would commit further offences if granted bail.
Conrad Murphy, defending, said he was applying for bail for his client, who does not live on the farm.
Mr Murphy said the alleged incident happened on a family farm and there was no evidence that his client was a menace to society.
Mr O’Brien told the court there was “no chance in the world” he would commit further offences as he “keeps to himself”.
He said he would stay away from the farm and “keep his head down” if granted bail.
Judge O’Reilly granted Mr O’Brien bail in his own bond of €300 with €100 of that to be provided in cash.
He also sought an independent surety of €1,000 with €300 of that to be provided in cash and that the surety would have to be approved by the court.
The judge also directed Mr O’Brien to stay away from the property, have no contact directly or indirectly with Ms Faherty or witnesses and sign on daily at Anglesea Street Garda station, Cork.
He remanded him to appear at Cork District Court on August 27th.
At that hearing at Cork District Court, Paula McCarthy, defending, applied to have the bail varied, saying her client was having difficulty finding someone to go surety for him and was most anxious to take up bail as he was sleeping on a mattress and finding prison difficult.
Judge O’Reilly refused to vary the bail terms, but he did agree to an application by Ms McCarthy for a short adjournment.
He remanded Mr O’Brien in continuing custody with consent to bail to appear again at Cork District Court on September 4th for directions from the Director of Public Prosecutions.
The judge had previously granted bail to Esther O’Brien in her own bond of €500 with no cash required.
He also directed her not to have contact with Ms Faherty, the ISPCA or the Department of Agriculture. He adjourned her case to Cork District Court on September 25th.
