Courts

Wednesday 23 July 2014

CCTV evidence requested in Dublin Bus meat cleaver case

Andrew Phelan

Published 08/04/2014|14:25

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Robert Fogarty leaving Dublin District court
Robert Fogarty leaving Dublin District court

A judge has asked to view CCTV evidence in the case of a man accused of swinging a meat cleaver at a bus driver as he drove through Dublin Airport.

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Robert Fogarty (44) is accused of taking out the knife and swinging it after the driver refused to let him off at an undesignated stop.

Judge Cormac Dunne told Dublin District Court he wanted to view CCTV footage before deciding whether the case can be dealt with in that court, or will have to be sent for jury trial.

He adjourned it for a week for the video facilities to be made available in another courtroom.

Mr Fogarty, with an address at Cardy Rock Court, Balbriggan, is charged with possession of a meat cleaver as a weapon. The charge is under the Firearms and Offensive Weapons Act and the incident is alleged to have happened at Atrium Road, Dublin Airport on January 27 last.

If Judge Dunne accepts jurisdiction to deal with the case, it can be heard in the non-jury District Court. If he decides the case is too serious, it will be sent for trial to Dublin Circuit Criminal Court.

Previously, a garda sergeant said it was alleged the defendant was very drunk and abusive after getting on the No 102 Dublin Bus at 10.20pm. He asked the driver to stop the bus "at a non-stop" and when he would not, Mr Fogarty allegedly produced the meat cleaver from a back pack he was carrying and swung it at the driver, who was behind protective glass.

In considering jurisdiction, Judge Dunne has already sought a statement by the driver rather than relying on a written summary that had been provided.

Judge Dunne previously grated bail in the defendant's own bond of €300, on condition that he signs on daily at his local garda station.

He also granted legal aid after Mr Feaheny said his client was unemployed. The accused has yet to indicate how he intends to plead to the charge.

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