JUDGE Eamon O’Brien has refused jurisdiction in a case where a man is charged with assault contrary to Section 3 of the Non Fatal Offences Against The Person Act 1997, the possession of a sword type implement while committing an offence to assault contrary to Section 11 of the Firearms and Offensive Weapons act 1990, and criminal damage at an address in Castleconnell last November.
43-year-old Patrick Bermingham, Mulcair Drive, Annacotty, is charged in connection with an incident at 3 Cois Sionna, Stradbally, Castleconnell, on November 2 last, where a man is alleged to have sustained a soft tissue injury during a dispute at the front door of the residence.
Earlier last week, Judge Eamon O’Brien adjourned the case when it was first called before Limerick District Court, after gardai gave evidence of the arrest, charge and caution.
Judge O’Brien sought that the “sword type implement” be produced in court, and for a brief outline of the alleged facts to be disclosed as he would only be then able to determine if he would accept jurisdiction in the matter.
Last Thursday, Garda Ciara Gaynor, told the court that an “ornamental type knife was recovered” after the incident, and briefly outlined the evidence in the case.
Judge O’Brien adjourned the matter until November 3 next, refused jurisdiction and referred the case back to the Director Of Public Prosecutions to consider their position and directions.
