FORMER All-Star and Clare All-Ireland winning hurler Niall Gilligan was sent forward for trial concerning an alleged “stick assault” on a 12 year old boy.
At Ennis District Court yesterday (Wednesday), Judge Alec Gabbett returned Mr Gilligan (47) for trial to the next sittings of Ennis Circuit Court.
Judge Gabbett sent Mr Gilligan of Rosroe, Sixmilebridge, for trial after the Book of Evidence was served in the case. Mr Gilligan denies the assault causing harm charge.
Garda Emmet Roche gave sworn evidence that he had served the Book of Evidence on Mr Gilligan’s solicitor, Daragh Hassett before court on Wednesday.
The DPP had initially directed that the case be heard in the district court but Judge Gabbett declined district court jurisdiction in the case after hearing an outline of the State case against Mr Gilligan in July.
Sgt John Burke told the court that the DPP consents to Mr Gilligan’s case going forward to the circuit court on the same bail terms.
Addressing Mr Gilligan directly, Judge Gabbett told him that if an alibi formed a part of his defence that he needs to provide details in writing to the State within 14 days.
Judge Gabbett said that Mr Hassett would explain to him about that.
No legal aid application was made for the circuit court case on behalf of Mr Gilligan who works as an auctioneer and farmer.
In court in July, State Solicitor for County 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 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.”
Mr Gilligan is charged with the assault causing harm of a 12-year old boy at the Jamaica Inn Hostel, Mt Ivers Rd, Sixmildebridge contrary to Section 3 of the Offences Against the Person Act on October 5 last.
Mr Gilligan is also charged with producing a wooden stick during the course of a dispute contrary to Section 11 of the Firearms and Offensive Weapons Act at the same location on the same date. Mr Gilligan denies both charges.
Outlining the background to the charges against Mr Gilligan, Ms Casey said the charges relate to a matter alleged to have happened on October 5 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.
