Showjumper fails to appear
A show jumper who was found guilty of deception over the sale of a pony to a family who said the wrong animal was delivered to them, failed to return from the US for sentencing at Sligo Circuit Court.
Michael Kearins with an address at Knockbeg, Collooney was found guilty of the offence last April.
At his sentencing hearing last week it was heard the international show jumper was not present as he sustained a fall from a horse in the US and as a result could not fly.
A jury which found him guilty by a majority had heard evidence that Seán and Terri Ewing with an address in Majorca had paid Kearins €12,458 for two ponies, however, on delivery, one of the ponies was not the one they had agreed to purchase.
It was heard the couple are now owed €7,500 on top of the €12k figure through veterinary costs for the animal.
Kearins’ legal team, Mr Pat O’Sullivan BL, instructed by Mr Tom MacSharry solicitor indicated to the court that they were informed the day before the court sitting that their client would not be appearing.
Kearins informed them he had sustained a head injury after being thrown from a horse.
Prosecuting barrister Ms Dara Foynes SC, instructed by State solicitor Ms Elisa McHugh told the court that medical documents furnished to the court suggested Kearins sustained a ‘minor injury’.
According to medical documents, Kearins was in hospital on November 9 th for the injury and explained that the seven day ‘no flying’ cert would have expired on November 18th.
She suggested to the court that Kearins could book a flight to appear before the court this week instead and said no form of restitution to the Ewings had been offered as of yet.
She also informed the court that the injured party, Seán Ewing had travelled to the court from Cork for the finalisation of matters and for compensation.
Mr O’Sullivan said his client had flights booked to come to Ireland for sentencing and said he understood his client would have made €20,000 in compensation available if he was present.
Judge Francis Comerford commented that the certificates furnished to the court in relation to the fall were ‘generic’ and outlined that the medical cert described the head injury as minor and stated that it did not appear to be serious.
The judge added that there was no medical evidence before the court that suggested Kearins could not appear at a later date during the present three week term of the Circuit Court.
“He would not want to find himself in a position that he is being viewed as elusive,” said Judge Comerford.
Ms Foynes suggested that a wire transfer of compensation could be made adding, ‘it is very easy to do these days’. She also informed the court that Kearins’ bail person, his uncle, Kieran Kearins was also not present in court.
Judge Comerford commented that if was ‘ hard to say’ if Kearins acted with ‘ complete promptness’ in informing his legal team of his fall considering it occurred on November 9 th last.
Judge Comerford put the matter back to today’s (Tuesday) court with a view to fix a sentencing date for December 5 th and noted that there was the ‘significant matter of compensation’.
At a bail hearing in April it was heard that gardaí were satisfied the international show jumper resided at an address in Florida.
Kearins told that court he lived at the address and provided the court with his American phone number.
Independent surety of €25,000 was provided by his uncle Kieran Kearins which had been deemed suitable by the court.
On the basis of the those details, Judge Comerford had granted bail without travel restrictions.