Judge dismisses assault charge brought against Limerick farmer over incident at Clare mart
A JUDGE has dismissed an assault charge brought against a Limerick farmer who was accused of assaulting another man at Ennis Mart last year.
At Ennis District Court, this Thursday, Judge Mary Larkin dismissed the assault charge against Gary McNamara following an application by his solicitor Daragh Hassett.
The application was made after the complainant in the case, Bernard Earley, failed to attend court last month for a scheduled hearing of the case which was to be fully contested.
Mr Earley was given more than two weeks to provide medical evidence as to why he was unable to attend court
Dismissing the case, Judge Larkin described him as “a reluctant witness”.
She stated that she was dismissing the matter as Mr Earley had not been able to provide medical evidence (to the court) as to why he was not able to attend court last month.
The court was told previously that Mr Earley could not come to court due to a medical issue concerning a close family relative.
Sergeant Aiden Lonergan told Judge Larkin: “The State has sought confirmation of the position as we had outlined to the court. The State has been more than engaging with him.”
Judge Larkin then dismissed the matter and Mr Hassett said: “Thank you very much Judge."
In the now dismissed case, Gary McNamara, aged 43, of Ruan Manor, Ruan, Castleconnell, County Limerick had denied the minor assault charge which arose from an incident at Ennis Mart on August 17, 2021.
In his initial application to have the case dismissed last month, Mr Hassett commented that he and his client had "a certain view of the alleged injured party in this case in relation to his motives."
Mr Hassett said that after the last call-over of cases in September, the case was reported in the media.
Subsequent to this, there was a phone call from the area that Mr Earley lives in to his (Mr Hassett's) office “asking for a phone call back from me to discuss the case”.
He said: “I thought that this was improper.”
Mr Hassett previously submitted that CCTV evidence in the case was of no assistance to the prosecution case and was "very helpful" to his client's defence.
He added that the CCTV footage shows that “nothing happens”.
A native of Limerick and a son of Euromillions winner Dolores McNamara, Mr McNamara farms a substantial landholding in east Clare.
Previously, Mr Hassett told the court the case is not suitable for legal aid.
Gary McNamara’s family connection to his mother, who won a then record €115 million jackpot in August 2005, was not referred to during the proceedings relating to the assault charge.