Jury retires to consider verdict in Niall Gilligan assault case
At Ennis Circuit Court on Tuesday, the jury commenced its deliberations at 12.33pm after Judge Francis Comerford told them that they should make their decision in the case 'after a cold, direct, forensic determination of the facts'.
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Judge Comerford told the jury that what they have to decide is was there an assault and is it not an assault because of a lawful excuse.
In the case, Mr Gilligan (48) of Rossroe, Kilmurry, Sixmilebridge, denies the assault causing harm with a stick of a then 12-year-old boy at the Jamaica Inn hostel, Sixmilebridge, on October 5th, 2023.
In his charge to the jury on Tuesday, Judge Comerford directed if they are satisfied beyond all reasonable doubt that the first encounter between Mr Gilligan and the boy that led to the force being applied commenced and started outside the two-storey Jamaica Inn rather than in the corridor of the building, then they can't consider the lawful use of force as a defence.
Judge Comerford also told the jury in the defence of self-defence they should consider did the accused honestly believe that he had to use force for the purpose of protecting himself from an assault or damage to his property.
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Judge Comerford said that if the answer is 'no', the defence of self-defence is no longer available to the accused.
He said that if the answer is yes, then was the force used by the accused reasonable and necessary in the circumstances as he saw them.
He said that if the answer is 'yes' to that question, 'then you must acquit. If no, it wasn't reasonably necessary, well then he is guilty of the offence.'
Judge Comerford said that the jury can only apply this test if they are satisfied that the first encounter was outside the two-storey building.
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In his closing speech to the jury on Monday, counsel for Mr Gilligan, Patrick Whyms BL, said in no way is Mr Gilligan trying to suggest that he was entitled to punish the boy as was suggested and said that the injuries sustained by the boy 'are clearly regrettable'.
Mr Whyms said that on the evening at the Jamaica Inn hostel, Mr Gilligan 'didn't know that he was dealing with a child and did not create this situation'.
Mr Whyms said that Mr Gilligan "was at the end of his tether" by the vandalism being done to a vacant property he was trying to sell.
Putting forward the defence of reasonable force against the charge of assault causing harm, Mr Whyms said that Mr Gilligan was at the Jamaica Inn hostel on the night of October 5th 'in the dark and believed that he was under siege'.
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He said: 'Believing himself under threat and needing to protect himself and his property, Niall Gilligan needs to make an instant decision, and so we are here."
Mr Whyms (instructed by solicitor, Daragh Hassett) said: 'And Mr Gilligan, a family man who has young children and no previous convictions, gives a clear story which hasn't changed and an entirely credible, fulsome account of what happened."
Mr Whyms said to the jury: 'Did Niall Gilligan use such force as was reasonable in the circumstances as he believed them to be, and if he did, then no offence was committed.'
Earlier in her closing speech on Monday, Ms Sarah Jane Comerford BL (instructed by State Solicitor for Clare, Aisling Casey) told the jury: 'This is a story of a man who lost his cool.'
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She said: 'Instead of picking up the boy after he slipped and bringing him out to his car and driving him home and telling his parents, he hit him and lost it and he was angry and frustrated.'
Ms Comerford said that the alleged assault in broad daylight 'is the action of a man who took out his anger and frustration on a child. There is no evidence that his injuries were caused by anything other than his interactions with Niall Gilligan.'
Ms Comerford said that Niall Gilligan 'lost control and punished the boy for the damage and inconvenience caused to his property on a morning when he had to clean up human faeces and urine from his property'.
The jury has taken a break in their deliberations for lunch and will resume their deliberations at 2pm.
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