‘You’ve no case’ says judge

You’ve no case,’ Judge Coughlan has told a solicitor who sought to have a charge against his client thrown out on the basis the person named in the summons ‘doesn’t exist’.

Melissa Rafferty (20), Mountain View House, The Annies, Kilcurry, was before the court accused of an assault at Mr Ridley’s, Park Street, on 1 January, 2017.

Solicitor Conor MacGuill submitted the summons is out of time for an amendment to be made and that the prosecution should fail. He handed in to the judge a document.

However, Sgt Fintan McGroder said the defendant, who was present in court, gave the name Melissa Rafferty when being interviewed by gardaí in the presence of her solicitor, and signed that name to a memo of the interview.

Her Facebook account is in the name of Melissa Rafferty and the alleged injured party knows her as Melissa Rafferty.

Sgt McGroder added the prosecuting officer has identified her by that name.

Mr MacGuill replied the person named in the summons doesn’t exist.

Judge Coughlan said a person can be summonsed in their married name or maiden name, for example.

He added a conviction could be executed in the name of Melissa Rafferty, and that it is legally correct to deal with the case in the name of Melissa Rafferty.

‘By usage, she’s using the name of Melissa Rafferty.’

The matter will be mentioned again on 23 January next.