Assault victim told ‘if the cancer doesn’t kill you, I will kill you’

A man who told a cancer patient that if the disease “doesn’t kill you, I will” has pleaded guilty to threatening to kill or cause serious harm.

Jason Burke (20), of no fixed abode, also pleaded guilty before Ennis Circuit Court to assault causing harm to James Delaney (61) at his home at Fana Ghael, Shannon, Co Clare on July 26th last.

In the case, it was alleged that Burke demanded that Mr Delaney hand over his cancer medication and, when he refused, the defendnant pulled a baseball bat from his tracksuit trousers and attacked him.

The district court previously heard an allegation that Burke beat Mr Delaney with the bat “very severely” during the assault, which continued for 30 to 40 minutes. Mr Delaney was hospitalised as a result of the attack.

In the case, the State alleged that Burke told his victim during the course of the assault that “if the cancer doesn’t kill you, I will kill you”.

The trial was due to start on Tuesday but Burke entered his guilty pleas. Lorcan Connolly BL, prosecuting, said the State was not proceeding with a charge concerning the possession of a baseball bat on the same date.

Burke has been on remand in custody following his arrest for the offence. He has Asberger’s Syndrome and has been unable to meet the bail conditions, which include an independent bond of €1,500.

Pat Whyms BL , for Burke, said his client has been engaging with various services, including psychiatric services, from a very young age.

“I can’t proceed to do justice to a plea in mitigation without a psychiatric report and I would ask the court to extend the legal aid certificate to cover such a report,” he said.

Judge Gerald Keys said agreed to extend the legal aid cert to cover such a report and remanded Mr Burke in custody with consent to bail to April 26th for sentencing.