Man who is alleged to have coughed on shop worker telling him he had Covid-19 is granted bail
A man who denies assaulting a shop worker by coughing on him and telling him he had coronavirus has been granted bail provided a surety is paid to the courts.
Jeffrey Kelly with an address at Hermitage, Ennis, Co Clare, claimed an altercation occurred between him and the shop worker after the shop assistant stood too close to him, Limerick District Court heard today.
Mr Kelly, 28, complained in garda interviews after his arrest that the shop worker could have passed the virus to him had he been infected with it.
He denies assault causing harm to the shop assistant, at Gleesons SPAR, Henry Street, Limerick, at around 9.10pm on March 31 last.
During a bail application gardaí “accepted” CCTV footage of the alleged coughing incident was “inconclusive” - however they argued two witnesses corroborated the shop assistant’s claims.
Mr Kelly’s solicitor, Sarah Ryan claimed the shop assistant approached Mr Kelly in the shop, “stood in front of him”, and told him he would not be served.
Uncontested evidence from the CCTV footage played in court showed the shop assistant retreat behind the shop counter and “pick up a baseball bat”.
Ms Ryan said the shop assistant could be clearly heard on the shop’s CCTV audio calling Mr Kelly a “fucking scumbag”.
The CCTV footage was played in court without audio. Detective Moylan said could not dispute what Ms Ryan had said.
Ms Ryan said her client, who it was accepted was barred from the shop, went back into the premises “looking for (the shop assistant’s) name tag”.
She added: “The shop assistant, who alleges he had been coughed on, to the level of a section 3 assault (causing harm), then goes behind the counter and serves a customer and takes cash.”
The solicitor said Mr Kelly had instructed her that he felt the shop assistant was standing too close to him and he was concerned he could have contacted coronavirus had the staff member had it.
There was no dispute the footage played in court had showed the shop assistant approach Mr Kelly and stood closely in front of him.
The footage also shows Mr Kelly follow the shop assistant from one of the aisles to the shop counter, and later he is seen following the shop assistant back into the shop having initially left the premises.
“Mr Kelly instructs me he said to the shop assistant ‘you could have the coronavirus’, meaning, you’re in my face and you could have it,” said Ms Ryan.
Mr Kelly absolutely denies engaging in any coughing incident, and he insists he was saying to the worker that ‘you could be giving it to me’.
Ms Ryan said it would be “an injustice not to grant bail”.
Objecting to bail, Detective Garda Moylan, said: “The injured party has made a statement to gardaí that Mr Kelly coughed on him a number of times and said he had coronavirus.”
He said a friend of Mr Kelly’s who was with him told gardaí she heard a staff member say to the accused to “stop coughing”, and, that she heard Mr Kelly say he had coronavirus.
Detective Moylan said: “Mr Kelly admitted making some reference to ‘coronavirus’ but he denies coughing into the staff member’s face.”
“If admitted to bail, I can’t have any confidence he won’t be involved in any further serious incidents.”
In granting bail, Judge Marian O’Leary said: “I note the (shop worker) did not comply with social distancing.”
“Based on the evidence I am granting bail on an independent surety and on strict condition the accused must comply with conditions of Covid-19.”
The judge ordered Mr Kelly must “observe a curfew of 9pm-7am; stay out of Limerick city; be available to gardaí at all times; not contact the alleged injured party nor any witnesses; remain alcohol free in public; and comply with recommendations relating to Covid-19”.
She remanded Mr Kelly in custody with consent to bail, on his own bond of €300, as well as a €1,000 surety, of which €750 is to be lodged and approved by the courts, to appear before Limerick District Court on April 21.
