A 27-year-old man accused of attacking a man with an ignited firework in Dublin nightclub Copper Face Jacks is seeking to have his passport returned so he can work in the UK.
Oliver Callely, with an address at St Lawrence’s Road, Clontarf, Co Dublin, has been charged with assault causing harm at the Harcourt Street venue on September 6, 2015.
He appeared before Dublin District Court on July 2 last. Mr Callely has not yet indicated how he will plead.
At a vacation sitting of Dublin Circuit Criminal Court on Wednesday, Judge Martina Baxter agreed to temporarily relax Mr Callely’s bail conditions for work reasons.
Dean Kelly BL, defending, told the court that Mr Callely is due to work in a catering position at the upcoming Electric Picnic festival in Stradbally, Co Laois.
Mr Kelly said the current case centres on an allegation that a firework was ignited in the smoking area of Copper Face Jacks and that it caused burning on the injured party’s arm and upper inner body.
Judge Baxter relaxed bail conditions between August 26 and September 5 and further agreed to reduce the requirement for Mr Callely to sign on daily at Malahide Garda Station to once a week.
However, Judge Baxter adjourned an application to have Mr Callely’s passport returned to allow him take up employment with his brother-in-law, a car dealer.
The court heard that Mr Callely sought to work for his brother-in-law as a driver to transport cars back and forth between the UK and Ireland.
Detective Garda Niall Murray told the court he had “certain concerns” about returning the passport as he said that previously, he had to personally travel to New York to bring Mr Callely back to Ireland.
Gda Murray agreed with the defence that Mr Callely had not fled from any charge and had made an attempt to meet with gardaí before he travelled to the US, but that meetings had been cancelled by both sides.
Mr Kelly said his client had been aware that a file had gone to the DPP but that he had gone to America as “the clock was running” on an opportunity to take up a certain class of visa.
He said Mr Callely had “made a life” for himself in New York and worked as a restaurant manager in midtown Manhattan for a significant period of time before he was extradited back to Ireland.
The court heard that Mr Callely had been described as a “model subject” by Gda Murray and had spent a number of weeks in custody in the US prior to his extradition.
Mr Callely has no previous convictions in Ireland or in the US.
Judge Baxter said it would be “premature” to return Mr Callely’s passport at this stage and adjourned the matter until September 18.
Mr Callely is due to be arraigned on October 30.
