Two men charged in connection with an alleged violent disorder incident in Leopardstown, during which another man was seriously injured and later died, have been granted bail.
Marcel Rostas (19), of McAuley Park, Artane, Dublin 5, and Gratian Rostas (47), of North Circular Road, Dublin 7, appeared before Judge Conor Fottrell at Dún Laoghaire District Court, sitting at the Criminal Courts of Justice.
Both men are charged with violent disorder arising from an incident at Marketing House, South County Business Park, Dublin 18, on August 29.
A man in his 20s was seriously injured during the incident and died in hospital three days later.
The court heard gardaí received a report of a large disturbance and, when officers attended the scene, three men were found to have suffered significant injuries.
Gardaí objected to bail for both accused but Judge Fottrell ultimately granted bail subject to conditions.
During the contested bail hearing for Marcel Rostas, Detective Garda Stephen Maguire told the court that CCTV and mobile phone footage had been gathered as part of the investigation.
The court heard that what began as a verbal dispute allegedly escalated rapidly, with a number of weapons or other implements being used.
Det Gda Maguire alleged Marcel Rostas could be identified in footage by a distinctive orange jacket and blue jeans and said it was alleged that the accused actively participated in the disorder.
The court was told that CCTV footage, mobile phone recordings and a photograph taken by a passer-by allegedly showed the accused man at the scene.
Gardaí opposed bail under Section 2 of the Bail Act and also argued that Mr Rostas posed a flight risk.
The court heard concerns were raised about the accused man’s links to the address he had provided, after gardaí attended there and allegedly found few belongings belonging to him.
Marcel Rostas gave evidence, telling the court that he had been living in Ireland since 2016 after moving here from Romania.
He said he lived with his mother, father and brothers and had been at his current address for around six years.
Marcel Rostas told the court he had attended O’Connell School in Dublin 1 and had worked in warehouse employment and more recently as a labourer.
The court heard he did not have a passport but did have a national identity card.
Karl Monahan BL, defending Mr Rostas, argued that the threshold for refusing bail under Section 2 had not been met and that any concerns about a possible flight risk could be dealt with by strict conditions.
Judge Fottrell said the violent disorder charge was a serious allegation.
However, he said he was not satisfied that the requirements for refusing bail under Section 2 had been met and ruled that concerns about any flight risk could be addressed through strict bail conditions.
Marcel Rostas was ordered to reside at his stated address, sign on at Raheny Garda Station as directed and surrender his travel documentation.
He must also undertake not to apply for replacement travel documents, provide gardaí with a mobile phone number on which he can be contacted at all times and stay out of the Leopardstown area.
Gratian Rostas was separately granted bail following a Garda objection. He was represented by criminal defence solicitor Stephen O’Mahony.
Marcel Rostas is accused of committing violent disorder together with three others.
Gratian Rostas is accused of committing violent disorder together with Marcel Rostas and three others.
The charges allege that the men used or threatened to use unlawful violence and that their conduct, taken together, was such as would cause a person of reasonable firmness present to fear for their own safety or that of another person.
Both men are charged contrary to Section 15 of the Criminal Justice (Public Order) Act 1994.
They were the seventh and eighth people arrested as part of the Garda investigation into the August 29 incident.
Three men in their 20s were previously charged and have since appeared before the courts.
Three other men were arrested and released from custody, with files to be prepared for the Director of Public Prosecutions.
