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Alleged assault case proceeds to Circuit Court

This article is from page 20 of the 2014-06-10 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 20 JPG

A JUDGE has granted the State further time to serve the books of evidence on two brothers accused of assaulting a hotel worker in Shannon last year.

Mark Hayes (25) and Sean Hayes (24), both with addresses at Aidan Park, Shannon, appeared before Ennis District Court on Wednesday, on charges arising from the alleged incident. They are both charged with assault causing harm to the man at the Oakwood Arms.

Mark Hayes is further alleged to have caused criminal damage to a bar table.

It is alleged that a male member of the hotel’s night staff was seriously assaulted at around 4am on September 29, 2013.

The Director of Public Prosecutions (DPP) directed trial on indictment in the Circuit Court for Mark Hayes.

The DPP directed summary disposal of the case of Sean Hayes in the district court, on a guilty plea only.

The alleged facts of the incident were outlined at Ennis District Court in March to allow Judge Patrick Durcan consider jurisdiction.

Insp Tom Kennedy said a dispute arose between a member of the night staff and the Hayes brothers at around 4am on the morning in question.

Insp Kennedy said it would be alleged Mark Hayes became involved in a verbal dispute with a member of the hotel’s night staff.

The court heard it is alleged that Mark Hayes then punched the alleged victim, knocking him onto the ground. The alleged victim was punched again while on the ground, the court heard.

Insp Kennedy said it is alleged that while the man and Mark Hayes were “grappling”, Sean Hayes stood behind the alleged injured party, punching him repeatedly into the back and kidneys.

Insp Kennedy said the incident lasted a few minutes and was halted when members of the public intervened. Judge Durcan refused jurisdiction of the case of Sean Hayes in the District Court, meaning it will proceed to the Circuit Court.

On Wednesday, Insp Kennedy said the State required a further two weeks to serve the books of the evidence on the accused.

“I’m assured the books will be here”, he added.

Both men were remanded on continuing bail to appear again at Ennis District Court on June 18.

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