Man accused of coughing at worker in Limerick shop takes up bail

A MAN who is accused of coughing at a retail assistant after claiming he had the coronavirus, has taken up bail after a judge agreed to remove the requirement for an independent surety.

Jeffrey Kelly, 28, who has an address at the Hermitage, Ennis, Clare is accused of assaulting the man, causing him harm at Spar, Henry Street on March 31.

While a file is being prepared for the DPP, Mr Kelly’s solicitor – Sarah Ryan – told Limerick District Court it would be “an injustice” for her client to be held in custody “based on the complaint that has been made”.

While Mr Kelly was granted bail when he first appeared in court earlier this month he had not been able to take up bail – given the requirement for an independent surety.

Ms Ryan told Judge Marian O’Leary her client, who was previously barred from the store,  “absolutely denies” he engaged in a “coughing incident” as has been alleged.

Detective Garda Barry Moylan said he was opposing bail as he had concerns the defendant would engage in further criminality if released. He added that he has “no confidence” he would appear in court.

Seeking to have the need for an independent surety removed, Ms Ryan said gardai had not listened to the audio from CCTV footage during the original bail hearing as it had not been brought to their attention.

She said her belief is that the charge “cannot  be sustained” based on the audio. Noting there was no garda objection, Judge O’Leary granted the application to vary the conditions.