A JUDGE TODAY directed that a man who is charged in connection with assaulting a cancer patient with a baseball bat undergo a psychiatric assessment.
At Ennis District Court, Judge Marie Keane directed that Jason Burke be referred to Cloverhill prison to undergo the psychiatric assessment.
The 20-year-old of no fixed abode has been on remand in custody for the past month at Limerick prison following his arrest concerning his alleged assault on Shannon man James Delaney (61) with a baseball bat at Delaney’s home on 26 July.
The State alleges that Burke told his alleged victim, “If the cancer doesn’t kill you, I will kill you” during the course of the alleged assault.
Delaney was hospitalised as a result of the alleged attack where Burke is charged with the assault causing harm of Delaney at Fana Ghael in Shannon.
Gardaí allege that Burke demanded that Delaney hand over his cancer medication and when Delaney refused, Burke pulled a baseball bat from his tracksuit trousers.
Inspector Tom Kennedy alleged at the previous court date that Burke proceeded to beat Delaney with the baseball “very severely” and the assault continued for 30 to 40 minutes.
Delaney had only turned 61 four days before the alleged assault.
Burke has Asperger’s Syndrome and has been unable to meet the bail conditions which include an independent bond of €1,500.
In court today, solicitor for Burke, Tara Godfrey said that:
We do have bail on terms we can’t reach and I have spoken with the Inspector and I understand that DPP directions won’t be available until October and my client is in custody on this charge alone.
Godfrey said that nothing has been done in terms of carrying out a psychiatric assessment on Burke while in custody at Limerick prison.
Judge Keane directed that Burke be referred by Limerick prison to Cloverhill prison and undergo psychiatric assessment there.
Judge Keane remanded Burke in custody with consent to bail to re-appear before Ennis District Court on 20 September.
She said that the psychiatric report should be available in court on that date.
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