A judge has directed that a court intermediary be appointed to assist a second juvenile witness for the upcoming assault trial of former All Star and Clare All-Ireland winning hurler, Niall Gilligan.
At Ennis Circuit Court, Judge Francis Comerford made the order at the conclusion of a pre-trial ‘ground-rules’ hearing.
Judge Comerford held the ‘ground-rules’ hearing due to the age of the complainant in the case while another witness is also a juvenile.
In the case, Mr Gilligan (48) of Rosroe, Sixmilebridge denies the assault causing harm of a then 12 year old boy during an alleged ‘stick’ assault.
Court intermediaries are appointed to assist juvenile witnesses with the court process and an intermediary has already been appointed to assist with the complainant in the case.
Mr Gilligan was present in court for the almost one hour ‘ground-rules’ hearing in the case where he is represented by Patrick Whyms BL and solicitor, Daragh Hassett.
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.
It is anticipated that the trial will commence in July and Judge Comerford adjourned the case to May 30th to fix a date for trial.
Judge Comerford said that the case has ‘priority’.
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 last July.
In court last July, State solicitor for Clare, 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 last July 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.”
Last 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 further remanded Mr Gilligan on bail on the same terms to Ennis Circuit Court to May 30th.
