Former All-Ireland hurler Niall Gilligan pleads not guilty to assaulting boy with stick
Before a jury panel at Ennis Circuit Court this morning, Gilligan (48) replied 'not guilty' when arraigned on two charges.
Gilligan said 'not guilty' when arraigned on the charge of assault causing harm of the boy at the Jamaica Inn Hostel, Mt Ivers, Broadford Rd, Sixmilebridge contrary to Section 3 of the Offences Against the Person Act on 5 October 2023.
Dressed in a suit and tie, Gilligan, of Rossroe, Kilmurry, Sixmilebridge, also replied '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 same location on the same date.
Counsel for the State, Sarah Jane Comerford BL, instructed by State Solicitor for Clare, Aisling Casey, told the jury panel that the alleged offences occurred at the Jamaica Inn hostel in Sixmilebridge on 5 October 2023.
Comerford said that Gilligan is alleged to have assaulted the boy 'and used a wooden stick during that assault'.
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Comerford said that it is anticipated that the trial will take four to five days and should finish by Tuesday or Wednesday of next week.
Comerford called out a list of civilian witnesses to give evidence and included the name of the alleged juvenile injured party on the list. She also listed the names of five witnesses who have compiled reports for the trial.
Comerford also provided to the jury panel the names of 18 Garda witnesses due to give evidence.
Comerford said that the defence in the case has notified the State of the potential to call one defence witness during the trial, a Martin Murphy residing at Kilmurry, Sixmilebridge, Co Clare.
A jury of seven men and five women was then selected from the jury panel to serve on the jury.
The selection process took just over 20 minutes as solicitor Daragh Hassett, for Gilligan, and Casey, for the State, each challenged potential jurors to serve. The maximum number of challenges is seven for each side.
Judge Francis Comerford told the jury that the trial will commence on Wednesday morning and adjourned the case until then.
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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 inside the two storey building. Judge Comerford said that both child witnesses in their video interviews and under cross examination in the case said that the first encounter with Mr Gilligan was outside the building. Judge Comerford asked the jury that they should ask what would the gain be for the child witnesses saying that when they both admitted that they were earlier in the building. 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 (instructed by solicitor, Daragh Hassett) 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, 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'. 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 said: 'And Mr Gilligan, a family man who has young children and no previous convictions gives a clear story which has't changed and an entirely credible, fulsome account of what happened." 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.' 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 continues their deliberations on Wednesday. Niall Gilligan at Ennis Circuit Court News in 90 Seconds - July 22nd