Man found not guilty in historic city trial
By LEADER REPORTER
A JURY in a trial at Limerick Circuit Criminal, this week became the first in the history of the State to hear statements made to gardai which directly contradicted evidence given in court.
The statements were heard during the trial of a man charged in connection with a shooting last year in which a 28-year-old lost the sight in his left eye.
Shane Mason, 24, of Sean Heuston Place, was charged with intentionally or recklessly causing serious harm to David Heighton, 28, on October 20, 2004 at St Mary’s Park.
Mr Mason was also charged with having a double barrelled sawn-off shotgun in his possession, with intent to endanger life, on the same date.
Following a two-day trial, the jury of nine men and three women found Mr Mason, who denied the charges, not guilty.
During the trial, the jury were allowed to hear details of two separate statements made by Mr Heighton to gardai in which he identified Mr Mason as the person who shot him. The statements were allowed to be entered into evidence following a change in the law last year.
When called to give evidence, Mr Heighton described how he lost the sight in his left eye, and part of his ear, after a gunman shot him in the back of the head. Some 60 pellets were removed from the side of his head, and he had to undergo reconstructive surgery to his face after the shooting.
In his direct evidence, Mr Heighton said he thought at the time that Mr Mason was the person who had shot him, but that he was “no longer sure”.
Under cross-examination by counsel for the defence, Brendan Nix, SC, Mr Heighton said the person who shot him was not in court.
Mr Nix said the jury were forced to rely on statements which were not sworn testimony, and which the victim contradicted in his direct evidence to the court. After just under an hour of deliberations, the jury returned a unanimous verdict of not guilty on all of the charges.
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Tuesday 22 May 2012
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