Farmer stays in jail for refusing to keep away from Corrin mart
Published 28/03/2013 | 05:26
A CASTLELYONS farmer is back behind bars after again refusing to give an undertaking to stay away from the Fermoy Mart complex in Corrin.
Patrick Fouhy of Ballydaw, Castlelyons appeared in court for a second time last Tuesday in Mallow after refusing the offer of bail at a sitting of Fermoy District Court four days earlier.
The 65-year-old is charged with assault causing harm to Det Garda Denis Ryan at Fermoy Mart, Corrin, Rathcormac on March 20 last.
At last Friday's Fermoy court sitting Judge John O'Neill heard that when cautioned by gardai Fouhy had replied "I'm delighted with the charges. I am honoured. I get to prove myself in court."
Inspector Tony O'Sullivan told the court that Fouhy had blocked the entrance to the mart with a truck, leaving no space for vehicles to pass. The alleged assault took place after gardai responded to a call.
Insp O'Sullivan said he had no objection to Fouhy being granted bail, providing he gave an undertaking to stay away from the Marts complex at Corrin.
Asked by Judge O'Neill if he would be prepared to go swear that he would abide by this condition, Fouhy declined to do so.
Judge O'Neill duly remanded Fouhy in custody to appear at Mallow on Tuesday.
Insp O'Sullivan told the court that Fouhy had been medically assessed for 10 hours by doctors and had been adjudged to be medically fit to be arrested and charged.
At Tuesday's court sitting Insp O'Sullivan re-iterated that gardai had no objection to Fouhy being given bail if he undertook to stay away from the mart adding that staff there were in fear of the defendant.
Asked by Judge Aingeal Ni Chonduin if he would be avoid going near the mart, Fouhy asked that if he were to agree would it mean he could drive his truck and continue to do his business.
Insp O'Sullivan said the truck had been taken to Fouhy's home by a relative and that he would have no issue with him continuing to drive it.
He said gardai simply wanted an undertaking from Fouhy that he would stay away from the mart.
However, when asked by the Inspector if he'd give such an undertaking under oath, Fouhy refused, saying "the reason I don't want to go out on bail is that I fear for my life if I'm not in custody."
Noting that Fouhy had opted to represent himself in court, Judge Ni Chonduin said "you are not a solicitor, so please don't represent yourself as one" before advising him not to engage in "any such messing" with her.
She pointed out there was "a fine array" of solicitors in the court that could represent him. However, Fouhy declined, saying he understood the charge and would represent himself.
The Judge remanded Fouhy in continuing custody at Cork prison to appear at Fermoy District Court on April 5.