ASSAULT COMPLAINT Doorman faces trial accused of breaking man’s hip outside Dublin Burger King
After viewing CCTV footage of the incident, a judge ruled the charge was too serious to be dealt with at Dublin District Court
April 25 2022 07:45 AM
A security guard is facing trial for assaulting a man whose hip was broken when he was allegedly pushed and fell at a Dublin fast food restaurant.
Wesley Demartelaare (36) is accused of injuring the man outside a city centre Burger King.
After viewing CCTV footage of the incident, a judge ruled the charge was too serious to be dealt with at Dublin District Court.
Judge Bryan Smyth adjourned the case for the preparation of a book of evidence.
Mr Demartelaare, of Iona Villas, Glasnevin, is charged with assault causing harm to the man on O’Connell Street Lower on December 20, 2019.
The DPP consented to summary disposal of the case in the district court subject to a judge accepting jurisdiction.
The court heard that on arriving at the scene, gardaí found the alleged injured party sitting on the ground.
The man, who was highly intoxicated, was arrested on suspicion of public order offences.
It only became apparent later that he was injured when he sobered up and complained he could not move one of his legs, the court heard.
An ambulance was called for him and the man later made an assault complaint.
On viewing CCTV footage, gardaí said they saw the accused, who was a security guard, pushing the alleged victim away from the entrance, causing him to fall on the ground
He remained there for several minutes before being helped to his feet by members of the public.
As a result of the fall, it was alleged, the man suffered a fracture to the neck of the right femur. A medical report said a hip screw was placed at the fracture.
The two-minute CCTV clip was played back in court. After viewing it, Judge Smyth said he was refusing jurisdiction and adjourned the case for the DPP’s consent for the accused to be returned for trial to Dublin Circuit Criminal Court.