A JUDGE HAS stated that he anticipates setting a trial date next March for the assault trial of former All Star and Clare All-Ireland winning hurler, Niall Gilligan.
At Ennis Circuit Court, Judge Francis Comerford told the court that he anticipates setting a trial date on 25 March 2025 as it is a priority case.
In the case, Mr Gilligan (47) of Rosroe, Sixmilebridge denies the assault causing harm of a 12 year-old-boy during an alleged ‘stick’ assault.
Judge Comerford said that the case is a priority one “because of the age of the complainant”.
Counsel for the State, Sarah-Jane Comerford BL told Judge Comerford: “We are trying to move it along, Judge.”
If a trial date is made on 25 March next, it is likely that the case will be heard during the criminal circuit court sessions commencing 29 April or the following summer 2025 criminal circuit court sessions.
Ms Comerford told the court that intermediaries have to be organised for the juvenile witnesses in the case.
Intermediaries are appointed to assist juvenile witnesses with the court process.
Patrick Whyms BL told Judge Comerford that he was representing Mr Gilligan and is instructed by solicitor, Daragh Hassett in the case.
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Mr Gilligan denies the charge of assault causing harm of the boy at the Jamaica Inn Hostel, Mt Ivers Rd, Sixmilebridge contrary to Section 3 of the Offences Against the Person Act on 5 October 2023.
Mr Gilligan was not present in court for the mention of the case and was not required to attend.
The DPP had initially directed that the case be heard in the district court but Judge Alec Gabbett declined district court jurisdiction in the case after hearing an outline of the State case against Mr Gilligan in July.
In court in July, State solicitor Aisling Casey told the court that one of the injuries the boy was treated for in the aftermath of the alleged ‘stick assault’ by Mr Gilligan was a fractured left hand.
Solicitor for Mr Gilligan, Mr Hassett told the court that the sequence of events set out by the State is not accepted by his client and “there is a complete dispute in relation to what is alleged to have happened here”.
As part of the State case, a medical report and photos of the boy’s injuries were handed into court in July and Judge Gabbett said at the time: “I am looking at photographs here and what I am seeing is a child with significant injuries over and above what the district court should be dealing with so I am going to refuse jurisdiction.”
Outlining the background to the charges against Mr Gilligan, Ms Casey said the charges relate to a matter alleged to have happened on 5 October 2023 at 5.30pm.
She said that the alleged injured party, who was aged 12 at the time, was with a friend also aged 12 and they were on a disused property, the Jamaica Inn in Sixmilebridge, which is owned by the accused.
Ms Casey said: “When the boys were on the property, it will be alleged that the accused confronted the two boys and produced a wooden stick and the boys attempted to flee.”
She said that it will be alleged that the alleged injured party “slipped on muddy ground and while lying on the ground, it will be alleged that the accused struck him several times with the wooden stick he had in his possession.”
Ms Casey stated the boy returned home on foot and was brought first to the VHI clinic and subsequently transferred to University Hospital Limerick that evening.
Ms Casey said that one of the injuries reported was a loss of consciousness by the boy on the occasion, along with significant bruising at the top right shoulder, the buttocks and lower back.
Ms Casey said that injuries also included a 2cm long wound on the boy’s forearm and a 2cm long wound to the right shin which both required suturing.
She stated that following orthopaedic intervention, a fracture was identified on the boy’s left hand from which he made a full, uneventful recovery.
In July, Ms Casey confirmed that both juvenile witnesses will give evidence by video link in the circuit court.
Mr Gilligan was a star forward for the senior Clare hurling team which defeated Tipperary to win the 1997 All-Ireland Final and was named an All-Star in 1999.
The Sixmilebridge clubman also won two Munster titles with Clare and multiple honours with his club over a long, distinguished hurling career.
Judge Comerford further remanded Mr Gilligan on bail on the same terms to 25 March and said that he is excused from attending court on that date.
Written by Gordon Deegan and posted on TheJournal.ie
Former All-Ireland hurler Niall Gilligan's assault trial will likely be in March next year
A JUDGE HAS stated that he anticipates setting a trial date next March for the assault trial of former All Star and Clare All-Ireland winning hurler, Niall Gilligan.
At Ennis Circuit Court, Judge Francis Comerford told the court that he anticipates setting a trial date on 25 March 2025 as it is a priority case.
In the case, Mr Gilligan (47) of Rosroe, Sixmilebridge denies the assault causing harm of a 12 year-old-boy during an alleged ‘stick’ assault.
Judge Comerford said that the case is a priority one “because of the age of the complainant”.
Counsel for the State, Sarah-Jane Comerford BL told Judge Comerford: “We are trying to move it along, Judge.”
If a trial date is made on 25 March next, it is likely that the case will be heard during the criminal circuit court sessions commencing 29 April or the following summer 2025 criminal circuit court sessions.
Ms Comerford told the court that intermediaries have to be organised for the juvenile witnesses in the case.
Intermediaries are appointed to assist juvenile witnesses with the court process.
Patrick Whyms BL told Judge Comerford that he was representing Mr Gilligan and is instructed by solicitor, Daragh Hassett in the case.
Mr Gilligan denies the charge of assault causing harm of the boy at the Jamaica Inn Hostel, Mt Ivers Rd, Sixmilebridge contrary to Section 3 of the Offences Against the Person Act on 5 October 2023.
Mr Gilligan was not present in court for the mention of the case and was not required to attend.
The DPP had initially directed that the case be heard in the district court but Judge Alec Gabbett declined district court jurisdiction in the case after hearing an outline of the State case against Mr Gilligan in July.
In court in July, State solicitor Aisling Casey told the court that one of the injuries the boy was treated for in the aftermath of the alleged ‘stick assault’ by Mr Gilligan was a fractured left hand.
Solicitor for Mr Gilligan, Mr Hassett told the court that the sequence of events set out by the State is not accepted by his client and “there is a complete dispute in relation to what is alleged to have happened here”.
As part of the State case, a medical report and photos of the boy’s injuries were handed into court in July and Judge Gabbett said at the time: “I am looking at photographs here and what I am seeing is a child with significant injuries over and above what the district court should be dealing with so I am going to refuse jurisdiction.”
Outlining the background to the charges against Mr Gilligan, Ms Casey said the charges relate to a matter alleged to have happened on 5 October 2023 at 5.30pm.
She said that the alleged injured party, who was aged 12 at the time, was with a friend also aged 12 and they were on a disused property, the Jamaica Inn in Sixmilebridge, which is owned by the accused.
Ms Casey said: “When the boys were on the property, it will be alleged that the accused confronted the two boys and produced a wooden stick and the boys attempted to flee.”
She said that it will be alleged that the alleged injured party “slipped on muddy ground and while lying on the ground, it will be alleged that the accused struck him several times with the wooden stick he had in his possession.”
Ms Casey stated the boy returned home on foot and was brought first to the VHI clinic and subsequently transferred to University Hospital Limerick that evening.
Ms Casey said that one of the injuries reported was a loss of consciousness by the boy on the occasion, along with significant bruising at the top right shoulder, the buttocks and lower back.
Ms Casey said that injuries also included a 2cm long wound on the boy’s forearm and a 2cm long wound to the right shin which both required suturing.
She stated that following orthopaedic intervention, a fracture was identified on the boy’s left hand from which he made a full, uneventful recovery.
In July, Ms Casey confirmed that both juvenile witnesses will give evidence by video link in the circuit court.
Mr Gilligan was a star forward for the senior Clare hurling team which defeated Tipperary to win the 1997 All-Ireland Final and was named an All-Star in 1999.
The Sixmilebridge clubman also won two Munster titles with Clare and multiple honours with his club over a long, distinguished hurling career.
Judge Comerford further remanded Mr Gilligan on bail on the same terms to 25 March and said that he is excused from attending court on that date.
Written by Gordon Deegan and posted on TheJournal.ie
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Assault Courts Niall Gilligan trial date