The woman's claims were heard at Dublin District Court today Alamy Stock Photo
Courts
Three people appeared in court over the claims today.
TWO MEN AND a woman have been charged after a woman reported she was “tortured”, beaten and burned during a 13-hour violent ordeal in Dublin last week.
Paul Walsh (39), Sarahanne Smith (36) and 44-year-old James Colton, all from Tallaght, appeared before Judge Treasa Kelly at Dublin District Court on Wednesday.
It follows a garda investigation into a woman’s complaint that she was bound and placed in a car boot, attacked, gagged, drugged and had her hair shaved, after the incident commenced in the early hours of 7 October.
All three defendants were charged with false imprisonment of the complainant at Colton’s home, at Fortunestown Close.
However, Mr Walsh and Ms Smith face additional charges of assault causing harm and production of various articles as weapons during the alleged incident.
It was alleged that Ms Smith, mother of three, instigated the violence, which was suspected to have been caused by the loss of a handbag and a “paranoid” accusation that the complainant was seeing her partner.
Despite the public service strike which shut down scheduled court sittings, their bail hearing proceeded because gardaí brought them to an emergency court sitting to object to their release.
Garda Aaron Melinn told the court that Mr Colton, who did not apply for bail, “made no reply to charge”.
Detective Garda Niamh O’Connor and Garda Brian Law objected to Mr Walsh and Ms Smith’s bail, citing the seriousness of the case and fears of witness intimidation.
They gave evidence that the injured party turned up at the Tallaght accident and emergency department and contacted gardaí, and said she had been tortured for 13 hours.
She reported to gardaí that she had been “kidnapped, tied up, struck with metal bars, repeatedly assaulted and burned” and that she knew her attackers.
The court heard that the woman disclosed a detailed recollection of the events.
She said she had attended Mr Colton’s home and was “forcibly restrained with zip ties to her wrists and ankles and severely beaten with kicks and punches to her body, and that she was burned by means of boiling water to her head, and by heated instruments to her face”.
She also alleged that clumps of her hair were removed by force with a head shaver, and her hand was crushed forcefully using a mastic sealant gun tool.
A scene-of-crime examiner took images of her injuries, and they appeared to include a bite mark on her leg and marks as a result of the zip ties, Judge Kelly noted.
The complainant has alleged to gardaí that her attackers “poured ammonia onto her head”.
In her detailed statement, she outlined her recollection that she had gone to Mr Colton’s address where Ms Smith placed her in a headlock, and Mr Walsh began shaving her hair off.
It was alleged Paul Walsh and Sarahanne Smith “took turns shaving her head”.
She maintained Mr Walsh then handed a mastic gun to Ms Smith, who then began to clamp the injured party’s hand.
Judge Kelly heard that the woman has claimed that Paul Walsh and Sarahanne Smith “sustained this assault for two to three hours, during which they punched and kicked her as she lay on the floor.”
The alleged victim told gardaí that Ms Smith heated a builder’s trowel until it was hot and then placed it on her face.
The woman told gardaí she was tied up by her ankles and wrists with zip ties by both Paul Walsh and Sarahanne Smith.
The woman alleged Paul Walsh said, “This is where the pain is going to start”.
The garda witnesses said the woman was instructed to lie on a white sheet on the floor, retied by Mr Walsh and Ms Smith.
She maintained that the pair forced her to consume Tranax tablets, which she did out of fear.
Gardaí from the serious crime unit in Tallaght searched the house and recovered high-quality CCTV footage with audio from a neighbouring property.
It showed the defendants at the house, the court heard.
She was “screaming for help” but “whimpering” when placed in a car boot, the court heard.
It was alleged James Colton and Mr Walsh spoke to the driver, an unknown person, and placed the woman in the car.
The driver inquired, “What is that, is that a bird?”, referring to what had been put in the boot, the garda witnesses said.
It was alleged that the car brought her away, but it returned shortly afterwards with Mr Walsh driving and Sarahanne Smith, who lived 200 yards away at Fortunestown Crescent, in the passenger seat.
It was claimed that Sarahanne Smith, assisted by Mr Walsh, took the woman out and brought her back into the house. The white sheet was visible.
It was claimed the footage recorded Ms Smith telling Mr Walsh, “I am with you,” three times to indicate she was helping him to carry the complainant inside.
The court heard the woman passed out and could not recall how long she was in the car but woke back in Mr Colton’s house with a tourniquet around her arm and Sarahanne Smith holding her arm and uttering “I told you to stop doing that”, implying that the injured woman had been injected with heroin.
Detective Garda O’Connor said that Mr Colton told the woman, “I think they are going to kill you because they are afraid you will go to the police”.
She stumbled from the house hours later in “an extremely disoriented state”.
Sarahanne Smith initially denied involvement but told gardaí she had heard rumours about the incident.
The complainant was called to give evidence and confirmed to Garda Law that she feared for her life and thought she would be killed.
Mr Walsh, of no fixed abode in Tallaght, said he had no legal representation because many solicitors had withdrawn services in response to legal aid fee reforms, and he did not wish to use any practitioner suggested under the new scheme introduced in July.
He explained he had dyslexia and had not read the bail objections but asked that the hearing proceed even though he said he found it “strange”.
The judge instructed Garda Law to read his points out slowly for the benefit of the accused.
Unemployed Mr Walsh denied the claims, saying he was not a violent person, and told the court he had never been questioned about a violent incident before.
Despite choosing to proceed with the bail hearing and represent himself, the court denied his application. He said he might bring a habeas corpus action to challenge the lawfulness of his detention.
He and Mr Colton will appear at Cloverhill District Court on 20 October.
Ms Smith’s solicitor John Shanley said his client would live outside the area and abide by strict conditions.
Judge Kelly held that the female accused could be granted bail, with a cashless €1,000 bond.
However, the judge told her she cannot be released until she can provide an alternative address outside Tallaght, approved by gardaí.
She must also have a €5,000 independent surety approved, or two independent sureties with €2,500 each, and the funds to be frozen. On taking up bail, she must obey an 11pm to 6am curfew, and not contact the complainant or co-defendants.
She was granted legal aid but did not give evidence, spoke only to consult with her solicitor, and will appear again at the same court next Tuesday.