State concludes evidence in assault case against Gilligan
At Ennis Circuit Court today, counsel for the State, Sarah Jane Comerford BL (instructed by State solicitor for Clare, Aisling Casey) told the court that the State had concluded its evidence in the case.
Mr Gilligan, aged 48, of Rossroe, Kilmurry, Sixmilebridge, denies the charge of assault causing harm of a 12-year-old boy with a stick at the Jamaica Inn hostel in Sixmilebridge, on 5 October 2023.
In court this morning, counsel for Mr Gilligan, Patrick Whyms BL (instructed by solicitor Daragh Hassett) called two witnesses on behalf of the defence.
The first defence witness, professional photographer Martin Murphy, told the court that he took photos at the Jamaica Inn hostel in Sixmilebridge on instruction of Niall Gilligan on 5 October 2024 - one year on from the alleged assault on 5 October 2023.
Mr Murphy took photos in the early evening from 5.30-6.30pm at the same time of the alleged assault in October 2023. Mr Murphy also went to the property to take more photos earlier this month and copies of all of the photos were shown to the jury.
Mr Murphy told the court that he knows "Niall since he was a young lad".
The court was told that Mr Gilligan is a publican, auctioneer and a farmer who has cattle.
Shannon-based builder provider Flan O'Neill gave evidence that he sold plywood on 5 October 2023 to Niall Gilligan.
Mr O'Neill said that the plywood was cut to size as Mr Gilligan - who the jury has been told has no previous convictions - required the plywood due to broken windows at his Jamaica Inn hostel in Sixmilebridge.
Mr O'Neill said the cost of the plywood for Mr Gilligan was €36 including VAT.
At the conclusion of Mr O'Neill's evidence, Mr Whyms told Judge Francis Comerford "that's the evidence in the case".
Judge Comerford told the jury that they have now heard the evidence in the case and they will shortly hear closing speeches from lawyers for each side.
On Friday, the jury was told that the then 12-year-boy, that Mr Gilligan is alleged to have assaulted, sustained a fractured bone in his left hand.
Medical reports from October 2023 show that, on examination, the boy also had a 2cm wound to his right forearm, a 2cm wound to his right shin, bruising to his right shoulder while medics also believed that the boy lost consciousness briefly earlier on 5 October 2023.
Mr Gilligan was formally arrested on suspicion of assault at Shannon Garda Station on 19 February 2024.
Accompanied to the station by his solicitor, Daragh Hassett, Mr Gilligan denied any assault and said that on 5 October 2023 at the Jamaica Inn hostel: "I acted in a reasonable manner to protect myself from injury and assault from a person or persons unknown to me in the conditions that prevailed."
In a prepared statement, Mr Gilligan added: "I acted in a reasonable manner to protect my property from destruction by fire and further damage."
He said: "I didn't know who or what was coming at me that night."
He said: "I feel sorry for the boy but the fact is that if he and others hadn't broken into my property, lit a fire, stole the keys and caused other damage, this incident would never have happened."
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