All-Star hurler 'whacked' 12-year-old's leg with stick in assault, jury hears
At Ennis Circuit Court today, counsel for the State, Sarah Jane Comerford (BL) laid out the State case against Mr Gilligan (48) of Rossroe, Kilmurry, Sixmilebridge in her opening speech to the jury.
Mr Gilligan denies the charge of assault causing harm of the boy.
Ms Comerford said that on October 5 2023, a then 12-year-old and his then 13-year-old friend went into the Jamaica Inn hostel in Sixmilebridge.
Ms Comerford said that the two believed that the property was abandoned.
She said: "They were exploring the building when the accused, Niall Gilligan, who owned the property at the time, arrived to check on it."
Ms Comerford said that the jury will hear that the property was vandalised and broken into in the days leading up to October 5.
Ms Comerford said that the jury will be told that the two boys were outside the property when they saw Niall Gilligan.
Ms Comerford said that when they saw Mr Gilligan, the two boys ran and the 12-year-old will tell the jury that "he slipped in a puddle and the accused came up behind him and whacked him on the leg with a stick and the accused kept hitting him in the leg, his ribs, his hip, his elbow and his hand".
Ms Comerford said that the jury will hear medical evidence of the injuries sustained by the boy and see photos of bruising and cuts that the 12-year-old will tell them were caused by Niall Gilligan hitting him with a wooden stick.
Ms Comerford said that the boy will tell the jury after the alleged assault Niall Gilligan grabbed him by the jacket and brought him out to the road and asked him his name and who his father was. Niall Gilligan (Image: ©INPHO/Donall Farmer)
Ms Comerford said the the boy will tell the jury "that he sat on a wall for a while because he has asthma and could barely breathe".
There he met his 13-year-old friend again and that boy will say that he saw Niall Gilligan outside the Jamaica Inn and he ran at the same time as his friend and managed to get away.
Ms Comerford said that the 13-year-old will say that he heard screaming from his friend "and he waited in an industrial estate beside the property and while he was relatively safe there, he was still very scared".
Ms Comerford said that a few minutes later, the 13-year-old met up with his 12-year-old friend "and let him lean on him while his friend tried to walk home".
Ms Comerford said that the 12-year-old told him to leave in case he was caught by the accused.
Ms Comerford said that the 12-year-old made his way to the local GAA club and was given a lift home by a lady there who will give evidence in the case.
Ms Comerford (instructed by State Solicitor for Clare, Aisling Casey) said that once home the boy was brought to a local VHI clinic and was then brought to University Hospital Limerick where he was treated for his injuries and where Gardai where called.
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Ms Comerford said that Niall Gilligan was subsequently arrested by Gardai and gave an account of what he said happened on October 5 and his interactions with the 12-year-old boy at the Jamaica Inn hostel "which he told Gardai were in self defence and you will hear that in due course".
Ms Comerford said that Niall Gilligan denies assaulting the boy with a wooden stick and he has pleaded not guilty to the charge of assault causing harm.
Mr Gilligan is also pleading "not guilty" to producing a wooden stick capable of inflicting serious injury during the course of a dispute contrary to Section 11 of the Firearms and Offensive Weapons Act at the Jamaica Inn at Sixmilebridge on October 5, 2023.
The trial continues before a jury of seven men and five women.
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