A JUDGE has refused jurisdiction in the case of a sister of murder victim Breda Waters, who is accused of attacking a relative of one of her sister’s killers.
Eva Waters, aged 30, of Colmcille Street, St Mary’s Park is accused of assaulting Karen O’Brien causing her harm in the foyer of Limerick Courthouse, Merchant’s Quay on June 15, 2011.
It is alleged the injured party sustained a fractured skull when she was attacked by a number of women including the defendant.
Ms Waters was brought before Limerick Court on Tuesday after a bench warrant for her arrest was executed by arrangement.
Solicitor John Herbert said his client had not appeared in court on a previous occasion as she had been out of the jurisdiction.
However, he said she is now back in Limerick and is living in the family home
After hearing an outline of the alleged facts of the case and the seriousness of the injuries, Judge Eugene O’Kelly indicated he was refusing jurisdiction in the case.
Judge O’Kelly previously refused jurisdiction in relation to a co-accused who is also charged with assault causing harm.
Noting the judge’s attitude, Sgt Donal Cronin requested an adjournment of the case to allow the prosecution seek further instructions from the Director of Public Prosecutions.
Ms Waters was granted bail and is due to appear before the same court again on September 18, next.
Given the views of Judge O’Kelly, it is likely the DPP will consent to the matter being sent forward for trial at the circuit court later in the year.
Breda Waters (24) was murdered along with Des Kelly (28) at his home in O’Malley Park, Southill in the early hours of January 9, 2011.
A subsequent trial at the Central Criminal Court in Dublin heard that both had been shot at close range by two gunmen who entered the house.
Last October, first cousins Patrick O’Brien (34) of Glanntan, Golf Links Road, Castletroy and Thomas Stewart (30) of The Cedars, Briarfield, Castletroy were sentenced to life imprisonment after they were convicted by a jury of murdering Ms Waters and Mr Kelly.