Tom Tuite
A young man has been held in custody on €51,000 bail after gardaí charged him with causing severe harm to a teenager who was left fighting for his life after being stabbed in the neck as he sat in his car in Dublin.
Brandon Gavin (20) was charged under section four of the Non-Fatal Offences Against the Person Act for causing serious harm to Marius Mamaliga (19) at Forest Court, Swords on Thursday evening.
Mr Gavin, of Brookdale Road, Rivervalley, Swords, appeared before Judge Bryan Smyth at Dublin District Court on Saturday evening.
He was remanded in custody with consent to €51,000 bail requiring a €25,000 lodgement and will appear at Cloverhill District Court on Wednesday.
Detective Conor Tumbleton told the court the accused made "no reply" when he was charged at 12.25pm in Swords Garda station.
Objecting to bail, Det Gda Tumbleton cited the seriousness of the charge, which can, on conviction, carry a life sentence.
He told the contested bail hearing that gardaí responded to a report of a serious assault at Forest Court at 7.14pm on Thursday.
Paramedics were attending to the injured party, who was unconscious on the ground. He was then rushed to Beaumont Hospital, where he remains in a critical condition.
Det Gda Tumbleton said an artery had been cut as a result of the attack, and "medical staff were unsure if he would survive". "If he does so, probably will have severe brain damage," he added.
It was alleged the victim had been in his Audi car with two other males who gave statements. They claimed they were parked when another male opened the car door and struck Mr Mamaliga in the neck before running away.
The court heard the accused allegedly went home "crying and trembling" and told another family member to "get dad, get dad".
Debt
A short time after the incident, Mr handed himself into gardaí after his father brought him to Swords Garda station.
The court heard Mr Gavin told gardaí under caution that "he came at me, I defended myself, I stabbed him". The court heard he allegedly owed them €2,000-€2,500.
He was detained and interviewed five times and made no comment when witness statements were put to him.
The court heard gardaí had CCTV evidence of a male approaching the rear of the far and fleeing 14 seconds later.
Dressed in a grey sweater, blue jeans and runners, the accused sat silently at the side of the courtroom.
The detective agreed with defence solicitor Morgan Redmond that Mr Gavin had never come to garda attention before.
He confirmed the 20-year-old came to the Garda station and was from a good and supportive family. His parents and other relatives were present for proceedings.
Pleading for bail, Mr Redmond asked the judge to note his client's family support and that they wished to stand bail. He also asked the judge to consider Mr Gavin's cooperation and that he came to the station voluntarily.
Judge Smyth said the defendant had been charged with a serious offence, and it was unclear what the position would be concerning the injured party and whether he would survive the attack or be left with severe brain damage.
He stressed that Mr Gavin, who has not yet indicated a plea, had the presumption of innocence. He held that bail could be granted with conditions subject to the availability of a "substantial" independent surety, given the seriousness of the case.
He set bail in Mr Gavin's bond of €1,000 but required approval of a surety of €50,000, of which half must be lodged.
Once approved, Mr Gavin can take up bail and will have to sign on three days a week at a Garda station, provide gardaí with a mobile phone number and be contactable at all times.
The judge warned that there must be no direct or indirect contact, including by social media or any electronic means, with the injured party, the two witnesses and their families.
He must also reside at his family home, surrender his passport and not apply for alternative travel documents.
Mr Gavin was granted legal aid after the court noted he is unemployed.
