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Bucket of urine thrown in alleged assault, Kerry court hears

By Anna Zacharias, The Kerryman

The Kerryman

A man alleged to have thrown a bucket of urine on someone at a construction site near his residence has been denied bail.

Joseph Djemal Kewfi (48) of Muing East, Ballybeggan, Tralee, appeared at Dingle District court on Friday, July 24.

He was charged with assault at KPH Construction Site, Muing East, on July 23. He was also charged with trespass, and criminal damage to aluminium fencing on the site on July 22.

Mr Kewfi shook his head as charges were read to the court.

Solicitor Padraig O’Connell addressed the court while referencing his support for a national withdrawal of solicitors’ services over legal aid payment reforms.

He said he could not represent Mr Kewfi “out of respect to my fellow practitioners and the withdrawal of services nationally”.

He added: “Clearly there would be an application for bail, but I am unable to assist in application for bail today.”

And so, Mr Kewfi represented himself.

He appeared in the dock, a few feet from the witness box. He sat with his head back and eyes closed.

Garda Maurice O’Brien took the stand and began to cite reasons for objections to bail when Mr O’Connell rose.

“If I may address the court,” he said.

“It would appear that either the accused is asleep or is,” he paused, “not with it.”

The accused clarified he was awake but in pain.

Judge Carol Anne Coolican told him the State had objected to bail and asked if he could hear proceedings, to which he replied he struggled.

He moved his chair closer and was provided a copy of the charges, to which he said, “I have no glasses, I can’t read it, judge.”

She advised him to listen closely to Gda O’Brien.

Bail objections involved the nature and strength of the evidence, including CCTV recordings and witness statements.

The court heard concerns about witness interference.

Gda O’Brien alleged Mr Kewfi threatened or harassed people at a construction site beside his residence.

“I was never on the KPH site,” Mr Kewfi replied.

He agreed the construction site had CCTV cameras.

“They have 120 cameras around the site, they have one looking into my bedroom.”

He added, “I have had no interaction with them that they have not initiated. They were coming up to me and putting a phone in my face. I’m innocent.”

The judge noted the hearing was for a bail application and not a trial.

Mr Kewfi reiterated he had not been on the site.

To this, Sergeant Chris Manton noted there was an allegation that the defendant threw a bucket with urine over someone during the alleged assault.

The sergeant further noted allegations the defendant had stuck his head through the construction site’s eight-foot high hoarding.

“We have a right of way at that point, and they were digging up the infrastructure,” said the defendant.

The judge noted Mr Kewfi was presumed innocent.

Nonetheless, she added, “These are serious charges. The assertion is that he has interfered with a witness.”

The case is adjourned to July 31 in Tralee. Mr Kewfi will appear in person.