Remanded in custody accused of Waterside assault

The courthouse at Bishop Street, Derry.
The courthouse at Bishop Street, Derry.

Two men have appeared in court accused of an assault in the Margaret Street area of the Waterside.

Anthony Paul Carlin, (37) of Derryview Terrace, and 31-year-old Robert Anthony Tosh, of Barnewall Place, are jointly charged with causing grievous bodily harm with intent on February 1.

Carlin is further charged with attempting to choke with intent to commit an indictable offence and assault occasioning actual bodily harm.

Derry Magistrates Court heard police were called to an ongoing disturbance shortly after 5am. It had been reported that a man was being ‘kicked about the head’ in the street.

The alleged injured party was bare chested and was found to have extensive swelling to his face.

Blood was allegedly coming from his nose, he was missing teeth and there were footprint marks on the left side of his face, his back and shoulders.

Police spoke to the man after he was taken to hospital and he claimed he had an argument with Carlin over a can of beer.

It is alleged the 37-year-old got the man onto the ground and tried to strangle him.

He further alleged that Tosh ‘stamped’ on his head and shoulder.

Police also spoke to the man’s girlfriend, who is Carlin’s niece.

She claimed that her boyfriend had been assaulted by both defendants and that she had been assaulted by Carlin.

The woman also told police that she hit her uncle on the back of his head with her stiletto shoe.

It is alleged the assault was ‘prolonged’ and lasted 15 minutes.

The court heard Carlin was arrested at the scene and it is alleged he had one shoe missing and blood on his clothes.

Following his arrest, the 37-year-old allegedly told police ‘I f****** jumped on his head’.

Tosh was arrested at a house a short distance away.

During police interview, Carlin alleged the complainant hit him first and lay on top of him. He claimed he put his hands around the man’s neck to prevent a further assault.

Tosh did not confirm or deny his involvement in the alleged incident. However, he told police if there was any blood on his clothes it came from Carlin’s injuries.

Opposing bail, an investigating officer said police have concerns about ‘the seriousness and gravity of the offences’.

He added that police do not believe any bail conditions that could be imposed would ‘curtail’ the defendants behaviour.

The officer also told the court there was ‘ill feeling’ as a result of the alleged incident and police would be fearful of ‘some sort of revenge attack’.

Defence solicitor Paddy MacDermott, defending Carlin, said there is no evidence he was involved in ‘stamping’ on the complainant.

He said the statement made by the 37-year-old after caution was made when he was intoxicated.

Mr MacDermott said Carlin has suffered from ill health in the recent past, including having a stroke. and ‘wouldn’t be capable of inflicting such violence’.

Paul Kearney, defending Tosh, told the court his client denies the offence.

He said there is a proposed bail address outside Coleraine and the 31-year-old would be a suitable candidate.

District Judge Barney McElholm refused bail stating the applications were ‘premature’.

He said further investigations would need to be carried out and the alleged injured party still needs to be interviewed in detail by police.

The judge added: ‘In the meantime we have a situation of each party blaming the other. It is unclear exactly who did what’.

Carlin and Tosh were remanded in custody to appear in court again via videolink on February 25.