Jury fails to agree a verdict following Limerick assault trial

David Hurley

Reporter:

David Hurley

Email:

david.hurley@limerickleader.ie

Jury fails to agree a verdict following Limerick assault trial

The Courthouse, Mulgrave Street

A JURY has failed to agree a verdict in the case of a Limerick man who is accused of slashing another man in the face with a glass bottle.

Throughout a three day trial at Limerick Circuit Court, Thomas Fitzgerald, aged 40, of Claughaun Avenue, Garryowen, denied intentionally or recklessly causing serious harm to another man almost five years ago.

The jury of seven women and five men was told the 32-year-old victim sustained serious facial injuries as a result an incident which happened at Claremount Court, Alphonsus Street in the early hours of September 14, 2013.

In his evidence, the alleged victim described how he “got a slap in the face with a bottle" during a fight and that he observed the defendant with a broken bottle in his hand afterwards.

Garda Enda Clifford said when he met the alleged victim at the skatepark at Steamboat Quay following the incident he observed he had serious facial injuries which “looked terrible".

He told the court he later called to the accused's home where he "discovered Mr Fitzgerald in a cupboard", noting he had a cut to his hand.

It was the defence case that the injuries were inflicted by another man who was in a fight with the alleged victim around the same time.

Following almost three hours of deliberations this Tuesday evening, the foreman of the jury indicated the jurors could not agree a unanimous or a majority verdict.

After being informed that further time would not assist them, Judge Tom O’Donnell instructed the foreman to formally record a verdict of disagreement.

The jury was then discharged and the jurors excused from further service for five years.

The defendant was remanded on continuing bail until June to allow the Director of Public Prosecutions to decide if he should face a retrial.