A 29-year-old man was charged with the manslaughter of a 45-year-old man in Cork city almost a year ago.
Detective Garda Malcolm Kelly formally arrested David Sweeney of Mill House, Cork Simon Community, Anderson’s Quay Cork, on September 28 (today).
The charge stated that on November 4 2021 at Lower Glanmire Road, Cork, he unlawfully killed Mark Foley, contrary to Common Law.
David Sweeney was cautioned by the detective that he did not have to say anything but that any reply he might make would be taken down and could be given in evidence.
Det. Garda Kelly said the accused man replied, “I didn’t mean it.”
Judge Roberts said that the accused would have to be remanded in custody because of the nature of the charge.
Defence solicitor, Eddie Burke, said it was a manslaughter charge and not a murder charge.
Sergeant John Kelleher said there was no objection to bail being granted to the defendant.
Mr Burke said the accused had been charged – arising out of the investigation of this case – with assault causing harm last November and was on bail on that charge.
Sergeant Kelleher said the prosecution would be applying to withdraw the assault charge now that the more serious count of manslaughter had been brought against him.
Judge Roberts said that application could be made at a later stage.
Sgt. Kelleher said an adjournment was required to allow time for preparation of a book of evidence.
Mr Burke said his understanding from the prosecution was that the book of evidence was almost ready.
Judge Roberts adjourned the case until October 26 for that purpose.
It is alleged that there was an incident at Lower Glanmire Road on November 4 2021 and that Mark Foley subsequently died at Cork University Hospital on December 5 2021.