Ex-All-Star hurler accused of assaulting boy (12) told gardaí he acted in a ‘reasonable manner'
Former All-Star and Clare All-Ireland winning hurler, Niall Gilligan told Gardai that he acted in a reasonable manner to protect himself from injury and assault from others at the Jamaica Inn hostel on October 5th 2023.
At Ennis Circuit Court today, the jury heard that Mr Gilligan made a pre-prepared statement to Gardai at Shannon Garda Station on February 19, 2024 in response to the then allegation that he assaulted a 12 year old boy with a stick at the Jamaica Inn hostel on October 5, 2023.
On Friday, the jury was also told that the 12-year-boy that Mr Gilligan is alleged to have assaulted sustained a fractured bone in his left hand.
Medical reports from October 2023 show that the boy on examination also had a 2 cm wound to his right forearm, a 2 cm wound to his right shin, bruising to his right shoulder while medics also believed that the boy lost consciousness briefly earlier on October 5, 2023.
The boy's hand was placed in a splint and he was advised not to engage in contact sports for one month after its removal later on October 20, 2023.
Photographs of the boy's injuries were also shown to the jury along with the muck-stained clothes that the boy was wearing on October 5.
In evidence, the boy's father said that he first brought his son to a VHI clinic at Raheen, Limerick on the evening of October 5 2023.
He said: 'Once they (medical staff) started cutting his clothes off him they were finding more and more injuries.'
He said: 'They found he had soiled himself which led them to believe that he was unconscious at some stage.'
He said that medics at the VHI Clinic made the decision that the boy should be transferred by ambulance to the A&E at University Hospital Limerick (UHL).
The boy's father said that he didn't believe his son's initial story that he had fallen off his bike.
He said: 'I definitely didn't think that he fell off a bike. He was covered head to toe in muck.'
The father said that his son 'had a swollen hand and he was limping. He was talking quite fast as well and he was pale so I imagine adrenaline and shock."
The father told the jury today that he got Niall Gilligan's phone number on the evening of October 5th after his son had told him what had occurred earlier where Mr Gilligan is accused of assaulting the boy with a stick.
Mr Gilligan (48) of Rossroe, Kilmurry, Sixmilebridge, denies the charge of assault causing harm with a stick at the Jamaica Inn hostel, Sixmilebridge on October 5th 2023.
In evidence, the father said that he phoned Mr Gilligan and said: 'I said I am currently in A&E with my son who you just viciously attacked.'
The father said that Mr Gilligan did not respond to the allegation.
In his account of the phone call, in his prepared statement read out in court by Dec Garda Noel Carroll, Mr Gilligan said: 'He said that his son got hurt. I made no comment to that after his son and others had broken into my building and caused extensive damage, including lighting a fire, releasing my fire extinguishers, breaking windows, writing graffiti."
Mr Gilligan said that he decided there and then to take legal advice 'as soon as I could about this call and make a formal complaint to the Gardai about the damage and trespass'.
Mr Gilligan was formally arrested on suspicion of assault at Shannon Garda Station on February 19th 2024 and accompanied there by his solicitor, Daragh Hassett, Mr Gilligan denied any assault and said that on October 5th 2023 at the Jamaica Inn hostel: 'I acted in a reasonable manner to protect myself from injury and assault from a person or persons unknown to me in the conditions that prevailed.'
In the statement running to five pages, Mr Gilligan added: 'I acted in a reasonable manner to protect my property from destruction by fire and further damage.'
He said: 'I didn't know who or what was coming at me that night."
'Something was coming at me, wasn't retreating or calling out to me so I had to defend myself as any reasonable person would."
'I feel sorry for the boy but the fact is that if he and others hadn't broken into my property, lit a fire, stole the keys and caused other damage, this incident would never have happened.
He said: 'Since this incident, there has been despicable commentary about me over what actually happened - none of which is true. I am glad that I have the opportunity to set the record straight."
On the incident with the boy at the Jamaica Inn, Mr Gilligan told Gardai that he realised on the evening of October 5th 2023 'that I wasn't alone in the building'.
He said: "I went back down slowly picking up a wooden stick I found on the ground. As I entered the hallway, I heard voices and then saw two people running away to my left towards the external door I had come in."
'I then heard footsteps fast coming behind me over my right shoulder. I felt I was going to be attacked so to protect myself I drew out with the stick on two occasions and then kicked out twice.
'I shouted at the person to get back as I did this. At that stage, I could see that I was dealing with a male youth. I grabbed him by his coat or jacket and brought him out of the building.
'We went around the back to see where the other two intruders had gone to.
'When we got around the back we got entangled in the dark and fell on top of each other on a slippery path under the pine trees."
Mr Gilligan said that he told the youth 'never to again enter my property".
He said: 'I proceeded to walk him out to the front gate. I asked him his name at this stage. He gave his name. He made no complaint of any injuries to me.'
He said: 'At that stage, I met Pat Donnellan who was parked outside. I told him that managing the property was a nightmare.'
Mr Gilligan said that he had been "very concerned about fire and vandalism at the Jamaica Inn hostel'.
He said: 'Around this time there were rumours in Sixmilebridge that I was going to lease the building as accommodation for asylum seekers
Mr Gilligan added: 'There was resistance locally to this and there was no truth in that rumour as I had never been approached but I was concerned about an arson at the property especially after a fire had been lit and fire extinguishers were discharged.'
Mr Gilligan said that as he had every concern that the building would be burnt out, he said that rang the Gardai on October 4th just before lunchtime and the call rang out.
He said: 'I called into Sixmilebridge Garda Station a few times that day but did not get to meet any Garda on duty."
He said that he called to the Garda Station on the morning of October 5th 'but there was no one there'.
Mr Gilligan said that he purchased the Jamaica Inn hostel in 2022 and sold it on in late 2023 to a company in Shannon who required accommodation for staff.
At the conclusion of the evidence on Friday, Judge Francis Comerford told the jury that they had heard a lot of evidence today.
He cautioned: 'Don't come to any firm conclusions in your own minds until you have heard all the evidence, the speeches by the lawyers and the charge from me.'
The trial continues before a jury of seven men and five women on Monday.
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