A mother has been charged with attacking her partner, who died after suffering a fatal fractured skull injury at their home in Balbriggan, Dublin. Olesja Hertova, 48, a Czech national, the long-term partner and carer for father of four, and grandfather James Ryan, wept when she appeared before Judge Monika Leech at Dublin District Court on Wednesday.
Mr Ryan, a grandfather in his 60s and former member of the defence forces, suffered from Parkinson's Disease and COPD. He died a day after he was injured on August 10th, the court was told.
Ms Hertova is accused of causing him serious harm at their home in Hastings Lawns on August 10th and had bail set at €15,000.
She was brought to court after gardaí obtained directions from the Director of Public Prosecutions to charge her with the offence.
Detective Garda Stephen Hughes said she made no reply when charged, and a file is to be submitted to the DPP for instructions about further charges.
Visibly upset family members of the deceased watched the proceedings from the public gallery.
Ms Hertova did not address the court and applied for bail through her barrister, Marc Thompson, who proposed that the court could impose stringent conditions.
Objecting to bail, Detective Garda Hughes cited the seriousness of the case, flight risk and witness interference concerns.
He claimed that on August 10th, “The accused was in his house when her partner returned, and a physical altercation took place during which her partner received fatal injuries and passed away on the 11th of August.”
The court also heard they had one child together, and the accused had been Mr Ryan's partner for just over 16 years.
He said the entire incident was captured on CCTV and witnessed by neighbours.
The detective also said the accused got drunk and visited the home of a witness, resulting in gardaí being called and the accused being “guided away”.
Cross-examined by counsel, the garda agreed the video evidence had been seized under warrant, and the witnesses who provided the footage were unnecessary.
The detective claimed that a few days after the incident, she went to Balbriggan Garda station asking for the return of her passport and that she had told a family liaison she intended to return to the Czech Republic.
The court heard the accused had no prior convictions, and counsel said she could abide by conditions and have no contact with witnesses.
Pleading for bail, Mr Thompson said she had “no means” and had just €45 on her, and was receiving a social welfare payment and a carer's allowance.
The deceased man's daughter, Karen Ryan, told the hearing the accused had been and had called to her Balbriggan home just after 11 pm, August 15th.
She agreed she told her to leave and claimed the accused had to be “guided away” from her house and was shouting.
The court heard an eyewitness had been staying with Ms Ryan.
Mr Thompson said Ms Hertova could live at a different address, perhaps in an alternative town. He suggested she could be told only to leave her accommodation to visit her doctor, collect her social welfare and go shopping every Friday.
The barrister said his client would have to move into homeless hostel accommodation if she had to leave her current address.
He added that there was no evidence of threats to witnesses and pointed out that she had faced a lengthy time until her trial.
Judge Leech held there was no witness intimidation evidence, but the request for her passport caused the court grave concern.
However, she noted the defendants had no prior convictions and set bail in her bond of €5,000. However, she also ordered approval of an independent surety of €10,000 before Ms Hertova could be released.
The judge said that when bail is taken up, she must have no contact with witnesses, including by social media, sign on regularly at a garda station, obey a 10 pm to 6 am curfew, and not leave her home unless she notifies Detective Garda Hughes.
Judge Leech remanded in custody with consent to bail to appear again via video link on September 4th and granted her legal aid.
The charge is under section four of the Non-Fatal Offences Against the Person Act.
