Judge refuses to hear skull fracture case

A JUDGE refused to hear a case in the Limerick District Court when she learned that an alleged assault victim suffered head, injuries...

A JUDGE refused to hear a case in the Limerick District Court when she learned that an alleged assault victim suffered head, injuries including a brain bleed and a fractured skull, in an incident outside a city pub.

Judge Patricia Harney was considering jurisdiction in two cases arising out of one incident on February 2 last, in which it is claimed a man was assaulted and knocked to the ground, suffering the aforementioned injuries.

And despite instructions from the Director of Public Prosecutions (DPP) that both cases were of a nature to be dealt with in the lower court, Judge Harney sent the assault causing harm charge against Tadgh O’Brien (21), of Schervier, Corbally Road, on to the Circuit Court where a conviction could result in much stiffer penalties.

Also before the court charged with being involved in an affray outside a bar in Shannon Street was Justine McCarthy (34) of 55, Baunaclucka Heights, Mungret Gate.

The judge was asked by Sergeant Aisling O’Neill to view eight minutes of CCTV footage of the exchanges, which happened at midnight outside the bar.

It showed two of the people on camera – one of them Ms McCarthy and the other the alleged victim – being knocked to the ground.

Judge Harney was told that the man seen on the ground in the CCTV footage had to be treated in hospital for a brain bleed and a fracture of the skull.

Mr O’Brien’s solicitor, Tom Kiely, said that the alleged victim has “made a full recovery” and that medics say “his prognosis is excellent”.

He said that the DPP “having access to the CCTV and all statements in the case said it should be dealt with at District Court level”.

But Judge Harney said that while she would hear the cases involving Ms McCarthy at a later date, she was not satisfied to deal with the case against Mr O’Brien in her court.

“Whatever messing went on, someone ended up with a bang to the head and a brain bleed. It’s not appropriate that I deal with it here,” she said.

Sergeant O’Neill said the matter would have to go back to the DPP for the preparation of a book of evidence.