’If we cannot protect children, what are we doing here?’ man accused of breaking boy’s nose refused bail - Courts News Ireland

A man in his 20s who is accused of breaking a seven-year-old boy’s nose and cheekbone on St Patrick’s Day has been refused bail, with a judge asking: “If we cannot protect children…what are we doing here?” The accused appeared before Dún Laoghaire District Court charged with assault causing harm, contrary to Section 3 of the Non-Fatal Offences Against the Person

A man in his 20s who is accused of breaking a seven-year-old boy’s nose and cheekbone on St Patrick’s Day has been refused bail, with a judge asking: “If we cannot protect children…what are we doing here?”

The accused appeared before Dún Laoghaire District Court charged with assault causing harm, contrary to Section 3 of the Non-Fatal Offences Against the Person Act 1997, and possession of a screwdriver as a weapon, contrary to Section 9(1) of the Firearms and Offensive Weapons Act 1990.

The court heard the alleged incident occurred at an apartment where the boy and the accused were living in Dublin, at 3am on 17 March.

Gardaí were called to the scene and when they entered the room, they found the boy with bruising and swelling to his nose. The child was crying and told his mother that it was the accused who had done this.

The boy was taken to hospital, where it was found his nose was broken and he had a fracture to his cheekbone.

The accused was arrested at the scene and taken to Dún Laoghaire Garda Station, where he made no reply when cautioned. The court heard that gardaí found a screwdriver in his possession.

Gardaí objected to bail under both the O’Callaghan principles and Section 2 of the Bail Act, citing the seriousness of the alleged offence, the strength of the alleged evidence and concerns about interference with witnesses.

A photograph of the child taken after the alleged assault was handed to the court.

Describing the image, Judge Derek Cooney said: “The photograph handed into me shows this boy upset and crying. You can clearly see the bruising on his left cheekbone. I can see blood coming from his nose and down around his mouth. He has a broken nose and a fractured cheekbone”.

In refusing bail, the judge said the court must balance the presumption of innocence with the need to consider “the nature and seriousness of the offence, the strength of the evidence, and the likelihood of a significant custodial sentence”. He noted that assault causing harm carries a potential sentence of up to ten years.

Judge Cooney said a child of seven “would probably not understand what has happened to him”, adding: “If we cannot protect children who are the most vulnerable people in our society, then what are we doing here?”.

The court heard the child’s mother was not in attendance as she is currently in hospital with her son.

Defence solicitor, Andy Vallely, said his client is in his 20s and had offered to reside at an address outside Dublin. Proposed bail conditions included signing on twice daily at a garda station and having no contact with witnesses.

However, Judge Cooney said there were no conditions that would address the concerns raised. He said the alleged injuries were “far too serious” and refused bail under both Section 2 and the O’Callaghan principles.

The accused was remanded in custody and is due to appear again before Dún Laoghaire District Court via video link on March 24 at 10.30am for directions from the DPP.