The State is seeking priority in the fixing of a trial date for the assault trial of former All Star and Clare All-Ireland winning hurler Niall Gilligan, a court has heard.
At Ennis Circuit Court today, counsel for the State, Sarah-Jane Comerford BL said that the State was seeking priority in the case as the complainant “is a young gentleman”.
In the case, Mr Gilligan (47) of Rosroe, Sixmilebridge is charged with the assault causing harm of a 12 year old boy during an alleged ‘stick’ assault.
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 October 5th 2023.
Today was the first day that the case came before the circuit court after the Book of Evidence in the case was served last month.
The trial is not likely to go ahead before 2025 after the case was adjourned today to a call over date on December 13th when trial dates will be made for the first Ennis Circuit Court criminal sittings of 2025.
Counsel for Mr Gilligan, Patrick Whyms BL (instructed by solicitor, Daragh Hassett) said that the case is a new return and relates to an allegation of assault.
After Ms Comerford (instructed by State Solicitor for Clare, Aisling Casey) requested priority for the case in the fixing of dates, Mr Whyms said that it is a matter that can be addressed on December 13th when trial dates are fixed.
In response, Judge Francis Comerford said that the complainant’s young age and request for priority “is useful to know”.
Mr Gilligan was not present for today’s 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 October 5th 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 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 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 was 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 and he made a full, uneventful recovery concerning the left hand.
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 today further remanded Mr Gilligan on bail on the same terms to December 13th and said that he is excused from attending court on that date.
