Man facing strangulation charge granted bail at Donegal court - Donegal Daily

A man in his 20s facing charges of strangling and assaulting a woman has been granted bail under strict conditions after a judge warned that any breach could re...

A man in his 20s facing charges of strangling and assaulting a woman has been granted bail under strict conditions after a judge warned that any breach could result in him being returned to custody.

The man, who cannot be named for legal reasons, was brought before Judge Éiteáin Cunningham at Ballyshannon District Court.

He was granted bail after his mother was approved as an independent surety. The case was called before the court three times before the surety was approved by Judge Cunningham as issues arose.

The accused man is charged that he intentionally or recklessly strangled and suffocated a woman. The charge is contrary to section 3A (1) (a) and 3 (3) of the Non-Fatal Offences Against the Person Act, 1997 as inserted by section 21 of the Criminal Justice (Miscellaneous Provisions) Act, 2023.

He is also charged with assaulting the same woman and causing her harm on the same date and at the same location - a charge that is contrary to section 3 (1) and 3 (2) of the Non-Fatal Offences Against the Person Act, 1997.

The man’s mother appeared in court to act as an independent surety for her son.

However, an active bench warrant in relation to an unpaid fine, for not having a TV licence, was discovered. The woman had to discharge the fine before her surety could be approved. The fine was paid after a Detective Sergeant executed the warrant on the woman.

She was reminded as to the obligations of her acting as a surety for her son.

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The woman told the court that she was aware of the charges and their seriousness and said she was aware of the bail conditions which her son must strictly abide by.

After another issue arose, the woman was told that her son could be remanded in custody with consent to bail.

Bail was granted in the accused’s own bond of €1,000, of which €500 had to be lodged in court. An independent surety in the sum of €1,000, of which €500 had to be lodged in cash, was approved.

The woman was informed that her bank account would be frozen and the balance not be allowed dip below €500.

The man must be of good behaviour and not commit any offence.

He has to sign on at a specified Garda Station every day and has to abide by a curfew between 10pm and 7am.

The accused man has to surrender his passport and undertake not to apply for a new travel document. He was ordered to be contactable 24-7 by mobile phone for members of An Garda Síochána and several other conditions, including that he not drive a mechanically propelled vehicle, were imposed on the accused.

Judge Cunningham warned the man and his mother: “This Court has been exceptionally fair, but if I find that there has been any breach or any reluctance to engage with An Garda Síochána, bail will be revoked.

“I want you to be realistic about the extent to which the court has gone.”

As he left the court, the accused man said: “Thank you so much your honour.”

The case was adjourned to a District Court sitting next week.