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Gardaí opposed the granting of bail to a 31-year-old man accused of raping his 12-year-old stepdaughter and carrying out acts of cruelty towards her.
Detective Garda Sheena Dowling delivered an evidence book to the defendant in Cork District Court and objected to being granted bail.
Garda fears for the safety of the complainant and her mother was so grave that they expressed concern that witnesses could be killed if the accused were released.
The evidence book delivered to the defendant contained eight counts.
The 31-year-old is charged with two counts of raping the girl, four counts of sexually assaulting her, one count of physically assaulting and harming her, and one count of child cruelty.
Defense attorney, Diane Hallahan, requested bail and also requested that legal aid be provided to a lawyer and a senior counsel to represent the defendant at the trial in the Central Criminal Court. Now it will be up to that court to set a date for the trial of the case, possibly sometime next year.
Judge Olann Kelleher rejected the bond but agreed to the request for free legal aid. Legal assistance was also provided for the translation of the evidence book into the defendant’s native language.
The parties to the case cannot be identified due to the nature of the charges. Full details of court proceedings are not published when there is a risk that the parties will be identified.
The crimes at the center of the case are alleged to have been committed between September 2019 and May this year. It was alleged that when Gardaí called the house on a date in May, they observed that the minor had a series of visible injuries and was immediately removed from the family home.
“He has previously intimidated witnesses in this case,” Det said. Garda Dowling said.
The guard said the injured party’s mother suffered a mental breakdown at one point, and the defendant tried to get her to give up the care of her daughter.
In addition to fears that the accused may intimidate or kill witnesses, Det. Garda Dowling said there were also fears that he would run away and leave Ireland.
“Gardaí believes that he is a danger to the lives of the community members,” Det said. Garda Dowling testified.
Ms. Hallahan, a lawyer, said: “If you were granted bail, you would meet all the conditions and hand over your passport.”
Judge Kelleher granted Sgt. John Kelleher’s request that the defendant be in custody to appear in Central Criminal Court.
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