Judge asked to dismiss assault case brought against Limerick farmer over mart incident
A JUDGE has been asked to dismiss an assault charge brought against a Limerick farmer who is accused of assaulting another man at Ennis Mart last year.
At Ennis District Court, this Wednesday, solicitor Daragh Hassett made the application to Judge Mary Larkin to dismiss the case against his client after the alleged injured party failed to appear in court for the hearing.
Gary McNamara, aged 43 of Ruan Manor, Ruan, Castleconnell, County Limerick denies assaulting Bernard Earley at Ennis Mart on August 17, 2021.
After Mr Earley failed to attend, Mr Hassett told Judge Larkin “I am asking for the case to be dismissed."
He said: “Myself and my client have a certain view of the alleged injured party in this case in relation to his motives."
Mr Hassett told the court that following the last call-over of cases, in September, details of the case were reported in the media - including by Limerick Live.
Subsequent to the procedural hearing, Mr Hassett said he received a phone call from the (geographic) area where the alleged injured party lives “asking for a phone call back from me to discuss the case”.
The solicitor added: “I thought that this was improper.”
Mr Hassett submitted that the CCTV evidence in the case is of no assistance to the prosecution case and he said he was resisting "in the strongest possible terms" a garda application seeking to have the case be adjourned to next January.
Sergeant Aiden Lonergan told the court the alleged injured party could not come to court due to a medical issue concerning a close family relative and that Mr Hassett’s office had been informed on Monday that the alleged injured party would not be coming to court.
Mr Hassett told Judge Larkin that there was no medical evidence before her in relation to what the alleged injured party has told gardai.
After Judge Larkin asked if there was any medical evidence, Sgt Lonergan replied: “I can’t adduce that today.”
Noting the reply, the judge said she would adjourn the case to November 2 to facilitate the production of medical evidence concerning Mr Earley’s relative.
Judge Larkin indicated that if the evidence is not before the court, she "will have to accede to Mr Hassett’s application” for the dismissal of the case.
In court last month, Mr Hassett said that Mr McNamara was “to fully contest the case in every way”.
A native of County Limerick, Mr McNamara, who is a son for Euromillions winner Deloras McNamara, farms a substantial landholding in east Clare.
Previously, Mr Hassett told the court that the case is not suitable for legal aid.