Man challenges bail refusal after arrest over social distancing row

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Man challenges bail refusal after arrest over social distancing row
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Marko Topol denies threatening to cough at woman while standing in bank queue last week

A man has brought a High Court challenge after he was arrested following a row about social distancing with a woman in a bank queue.Mr Topol, a chef from Croatia, is challenging the decision to refuse him bail over what he felt was doing nothing more than becoming involved in an argument.

A short time later, a garda arrived and arrested Mr Topol for alleged threatening behaviour with intent to provoke a breach of the peace. He was brought before Dublin District Court that evening and Judge Miriam Walsh refused bail after a prosecuting garda objected because of the seriousness of the charge.

A High Court judicial review application seeking to quash the refusal of bail was adjourned until Tuesday to allow the Director of Public Prosecutions contact the garda involved.Mr Justice Denis McDonald said, while mindful Mr Topol was innocent until proven guilty, having regard to the significance of the offence and that public order must be maintained at this time, the State must be given time to address the claims made on Mr Topol’s behalf.

Breach of the peace is not a serious charge but it appeared the district court was taking a very hard line with cases connected to the virus, he said.This was particularly so in circumstances where Mr Kelleher said he believes the State prisons are having difficulty implementing Government safety guidelines such as social distancing.

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