A MAN has failed to secure his release from custody after being refused bail in connection with an incident in which he allegedly hit another man over the head with a baseball bat in broad daylight.
Jooda Akanbi (37), who is originally from Nigeria but has been living Swords, Co Dublin, for some years, is charged with assault occasioning harm to Taiwo Jamani (45).
It is alleged that during a row on Main Street, Swords, on October 10, Mr Jamani was struck with a baseball bat. He was taken to hospital where he remains in a critical condition.
His lawyers applied for bail in Cloverhill District Court last Tuesday but this was refused by Judge Grainne Malone.
They asked the High Court to release him on grounds that he is being unlawfully held in breach of his (Article 40.4.2) constitutional rights.
They claimed District Judge Malone's refusal was not in accordance with fair procedures and was based on hearsay evidence in relation to alleged threats made to a witness.
The State argued he was a flight risk because he has family ties
abroad and had three passports, two Nigerian and one Irish. The
passports showed he had made a number of trips to the US where, the prosecution claims, he also has a driving licence and a bank account.
Mr Akanbi's lawyers said his second Nigerian passport was an updated version with improve security features and he also held Irish citizenship. His travel to the US had been funded by Apple computers with whom he had previously worked although, the court heard, he has been on social welfare since last January.
Mr Justice George Birmingham yesterday said the bail application in the District Court was heard over three hours and he was satisfied there was no fundamental unfairness attached to that hearing warranting an order for his release.