Judge refuses jurisdiction in Laois alleged assault case
Portlaoise Courthouse
JUDGE Susan Fay refused to accept jurisdiction in a case after viewing photographic evidence of injuries to a man after an alleged assault.
At the outset of the case at Portlaoise District Court last week, garda sgt JJ Kirby suggested to Judge Fay that she hear the allegations in the case before deciding whether to preside over it.
Sgt Kirby alleged that Ethan Neville from Peafield Lodge, Pike-of-Rushall assaulted and caused harm to a man in Tom Delaney’s Bar, Main Street, Mountrath on 20 December.
The sergeant alleged that the injured party lost two teeth and dislocated his knee in the alleged assault on him.
He handed medical reports and photographs of the alleged injuries to the judge.
Judge Fay noted from the reports that the alleged victim, “left hospital in a knee brace and two teeth missing.” Mr Neville’s solicitor Josehine Fitzpatrick said that her client had informed gardaí that he had acted in self-defence at the time of the alleged incident.
She asked Judge Fay to adjourn the case “to consider whether self-defence can be used in my client’s defence before considering jurisdiction.” Judge Fay replied: “He’s entitled to legally defend himself. But I can’t see how the alleged incident of self-defence can benefit the court in deciding jurisdiction.” She went on to refuse jurisdiction and remanded Mr Neville on continuing bail to the 23 March sitting of the court for the serving of a book of evidence.
