Jury discharged in second trial

THE jury in the trial of a Castlebridge man charged with assault and affray on Wexford’s Main Street was discharged following legal submissions by Defence Counsel Diarmuid Collins.

Ray Carthy, of 13 Millhaven, Castlebridge, Wexford, came before Judge Barry Hickson at Wexford Circuit Criminal Court where he pleaded not guilty to assaulting Michael Carr and to affray on Main Street Wexford on July 31, 2014.

Defence Counsel, Diarmuid Collins said the CCTV footage in relation to this incident had already been viewed in another trial.

‘From my understanding no one was identified on the footage. As a result it would be wrong, and very wrong, to put someone on trial as a result of this footage,’ said Mr. Collins.

Sgt Pat Casey said he had viewed CCTV footage from Westgate Design which showed Michael Carr threatening Ray Carthy with a knife, but that CCTV footage could not be downloaded.

He also said the Westgate Design footage no that two men got into an altercation and one had pulled a knife. He said the man with the knife had tattoos under both eyes and was standing beside a girl and pram. longer exists.

Replying to Mr. Collins, Sgt Casey accepted that Ray Carthy is not identified on the footage of Hynes Jewellers.

Mr. Collins said the Defence never saw the Westgate Design footage nor did the accused man.

Sgt Casey also agreed with Judge Hickson that it was difficult to identify either man on the Hynes Jewellers footage.

Prosecuting Counsel, Ms Sinead Gleeson said, the State was relying on CCTV footage and Sgt Casey’s evidence.

Mr. Collins said they came to this trial in the belief that the accused was going to be identified on the CCTV footage that was before the court, but now the State is trying to criminalise the accused on CCTV footage that only Sgt Casey had seen.

Following a short adjournment, Prosecuting Counsel Sinead Gleeson said the State was entering a Nolle Prosqui in relation to both charges. The jury was subsequently discharged.

Michael Carr later presented himself to Wexford Garda Station by arrangement where he was interviewed.

In his statement to gardai, Michael Carr said he