A LIMERICK court ordered that an independent post mortem be conducted on a man who died a number of days after he was allegedly assaulted at an accommodation centre in County Tipperary.
Judge Carol Anne Coolican granted an application calling for the independent autopsy during a special sitting of Newcastle West District Court on Sunday (March 3).
Ivan Volkov (65), with an address at House 2, Holm Oak Cottages, Dundrum House Hotel, Dundrum, County Tipperary, appeared before the court charged in connection with the fatal assault of Shamil Nabiev, a 69-year-old native of Azerbaijan.
Mr Volkov, a Ukrainian national, who appeared in court with crutches, was charged with one count of assault causing harm to Mr Nabiev on February 25 last at the Dundrum House Hotel accommodation centre.
He was also charged with one count of affray at the same location on the same date.
A Ukrainian interpreter was provided to Mr Volkov to explain what was happening during the court hearing.
Garda Pat Ahern, of Tipperary Town, gave evidence of arresting Mr Volkov at 9.18am on Saturday March 2 and charging him at 10pm that night with the two offences before the court.
Garda Ahern said Mr Volkov replied to the assault charge that “I didn’t attack, I was defending myself”.
He said Mr Volkov made no reply to the charge of affray.
Inspector Paul Slattery, Tipperary, told the court Gardaí had “no objection” to bail.
Philip English, solicitor for Mr Volkov, said he was not making an application for bail but he said he would “likely” be seeking bail on behalf of the accused at a later date.
Mr English made an application for an independent post mortem to be conducted on the victim’s body, telling the court “there is a certain urgency in respect to that”.
He said Mr Volkov was living on “temporary protection refugee” status, that he has “serious health issues”, and he is in receipt of a weekly disability payment of €236 from the State.
Judge Carol Anne Coolican granted the solicitor’s application for an independent post mortem.
Judge Coolican also granted the accused free legal aid and ordered that he receive “all necessary medical assistance while in custody”.
The judge remanded Mr Volkov in custody to appear before Nenagh District Court when a bail hearing is likely to proceed.
Gardaí stated in an earlier press statement that the injured party was taken to Tipperary University Hospital on February 29 to be treated for his injuries but had since died.
The Garda press notice stated that a post mortem would be carried out on Sunday by the State Pathologist Dr Margot Bolster and that the scene of the alleged assault was being held for technical examination.
