THE farmer accused of assaulting a garda at the Cork Marts last month has taken up the offer of bail, at the third time of asking.
Patrick Fouhy with an address at Ballydaw, Castleyons had been behind bars since the alleged assault on March 20, during which time he had twice refused to give an undertaking under oath to stay away from the mart complex at Corrin.
The 65-year-old appeared before Judge Brian Sheridan at last Friday's sitting of Fermoy District Court dressed in a bright red t-shirt bearing the slogan 'winner alright'.
Inspector Tony O'Sullivan told Judge Sheridan that gardai still had no objection to Fouhy being granted bail, provided he gave the undertaking to stay away from the mart.
Mr Fouhy said he was prepared to give such and undertaking "under duress" claiming it would effectively put him on the dole as it would bar him from what he claimed was his place of work.
Inspector O'Sullivan said that the restriction would only remain in place while the case was ongoing.
"There are numerous other marts in Ireland that the defendant can use, so I do not believe we would be affecting his livelihood," he said.
Fouhy pointed out that the vet he uses was situated directly across the road from the mart, asking the judge if he would be banned from using the vet or from travelling along the Rathcormac/Fermoy road outside the mart.
Inspector O'Sullivan said Fouhy would be able to use the vet once he stayed on the other side of the road, did not cross into or loiter outside the marts complex or make either direct or indirect contact with staff working at the mart.
Asked by Fouhy if this applied to his lorry, Inspector O'Sullivan said no, providing that he did not enter into the mart complex as a passenger.
Judge Sheridan raised smiles in the court when he pointed out that it was Fouhy and not his lorry that was accused of assault.
The Judge noted that Fouhy was not legally represented suggesting that, given the serious nature of the charge he was facing, he seek legal advice.
Inspector O'Sullivan said that he had yet to receive a direction from the Director of Public Prosecutions, asking that the case be put back to April 26.
Judge Sheridan agreed, releasing Fouhy on his own bail of €500 after he agreed to the conditions outlined by Inspector O'Sullivan.