Judge issues warning over non-appearance of former Limerick garda for assault trial

THE TRIAL of a Limerick man who is accused of stabbing another man during a violent incident more than five years ago has been adjourned to allow the State to serve a witness summons on a former garda.

The case was listed for hearing before Limerick Circuit Court earlier this month but before a jury was selected, prosecuting counsel John O’Sullivan said there had been a development and that he was seeking an adjournment.

During the application, some of the alleged facts and information relating to the subsequent garda investigation were outlined to the court.

Judge Colin Daly was told the prosecution relates to an incident that happened in the Ballynanty area of Limerick city on October 16 2020. It is alleged a teenager sustained a number of stab wounds during the altercation and required treatment in hospital afterwards.

The accused man, who is now aged in his early 20s, faces four separate charges and has been before the courts awaiting trial for some time. The application for an adjournment was opposed by his barrister Kenneth Kerins.

Detective Sergeant Shane Ryan, who took over supervision of the case last year, told the court a former member of An Garda Siochana who was involved in the investigation had subsequently resigned his position and had moved to Canada.

He told Judge Daly when previously contacted about the court proceedings, the former indicated he wasn’t available to give evidence in person or via video link from Canada.

However, he said having made further enquiries ahead of the scheduled trial date, he established that the former garda has since returned to Ireland but is living outside of Limerick.

When Judge Daly questioned why the enquiries were not carried out at an earlier date, Det Sgt Ryan replied: “I have no excuse, I accept I should have done it sooner. It was an oversight on my part.”

The detective sergeant said he subsequently travelled to the former garda’s home and that he spoke directly with him by phone as he was away, for work reasons, on the day he called.

“I’m very confident he will appear on the next occasion, he’s aware of his commitments to the courts despite his commitments to the guards being finished,” he said.

Opposing the application, Mr Kerins submitted the State has handled the case poorly he suggested the prosecution is putting all its eggs in one basket. Regarding the appearance of the former gardai, he commented: “They are hoping to have the ability to turn a sow’s ear into a silk purse.”

Granting the application, Judge Daly noted the case had been listed before the court on six previous occasions and he said he was doing so with “great reluctance”.

He warned Mr O’Sullivan he will not entertain any further applications for an adjournment if the former garda does not attend.

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Judge issues warning over non-appearance of former Limerick garda for assault trial

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