Man Awaits DPP Decision In Cas...


Man Awaits DPP Decision In Case Over Attack On Pensioner

Laura Donnelly
Laura Donnelly

05:54 6 Mar 2023

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Gardai have been granted nine weeks to get the Director of Public Prosecutions' directions for the case of a man accused of attacking a pensioner who was knocked unconscious in Rathmines.

Nathan Kirby, 22, with an address at Kilcronan Court in Clondalkin is accused of assault causing harm to the 76-year-old pensioner who was allegedly punched and kicked in the face in Rathmines on January 6.

He was granted conditional bail three days later and appeared again at Dublin District Court today.

However, Judge Treasa Kelly noted that gardai were seeking more time to get the directions, and she ordered Mr Kirby to appear again on May 8.

At his bail hearing in January, Garda Natasha Burke told the court that the broadband worker made no reply to the charge, and she described the level of violence in the incident as "extreme".

The court heard that the elderly man had previously complained about the accused when he worked in a shop as a cashier.

Afterwards, Mr Kirby left that job.

Garda Burke alleged that the accused walked up to the pensioner at Lower Rathmines Road on Friday morning and "swung a punch", which did not connect but caused him to "cower down in fear".

She alleged that about 20 minutes later, he placed his hand on the complainant's right shoulder and swung a punch in his direction. But it fell short of connecting, and he walked away.

Garda Burke said that the accused approached for a third time and "threw a punch into his face causing him to fall to the ground".

The garda said that while the elderly man tried to get onto his hands and knees, Mr Kirby allegedly "kicked him to the head and face".

The pensioner, who lives in a local retirement home, fell "headfirst to the ground unconscious".

Staff from a Boots pharmacy ran out to assist him while an ambulance and gardai were on the way. He had regained consciousness when Garda Burke arrived but had suffered a broken jaw, had a tooth knocked out and damaged dentures.

The court heard the accused has been living in Rathmines and knows where the victim lives. Gardai obtained CCTV footage, the court heard.

The court heard the accused had no prior criminal convictions, had a supportive family, and he had the offer of an address with relatives in Clondalkin. Judge Kelly had set in his bond of €1,000, of which €300 had to be lodged.

Judge Kelly had warned him to stay out of Rathmines, have no contact with the alleged victim, reside at an address he provided to the court, remain contactable by phone, and sign on at a Garda station once a week.

Reporting by Tom Tuite

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