BAILED | 

Trial to go ahead for man accused of attack on 76-year-old pensioner in Rathmines

Garda Burke alleged that the accused walked up to the pensioner at Lower Rathmines Road and ‘swung a punch’

Tom Tuite

Today at 18:03

A MAN accused of attacking a pensioner who was allegedly knocked unconscious in Dublin has been sent forward for trial.

Nathan Kirby, 22, with an address at Kilcronan Court, Clondalkin, Dublin, 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.

The Director of Public Prosecutions directed the case should proceed to a higher level with potentially broader sentencing powers.

A book of evidence was served on the accused, and Judge Michele Finan granted a return for trial order, sending Mr Kirby forward to the Dublin Circuit Criminal Court. The case will be listed for mention on October 26.

The accused was remanded on bail.

At his bail hearing in January, Garda Natasha Burke told the court that the broadband worker made no reply to the charge. 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 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 had no prior criminal convictions, had a supportive family, and had the offer of an address with relatives in Clondalkin.

He must 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.