Trial in relation to 2015 assault begins at Circuit Court in Sligo

A 34-YEAR-OLD man is on trial for an alleged assault that took place nine years ago.

Michael Corcoran, address withheld, appeared at Sligo Circuit Court yesterday (January 31), to answer a charge of causing serious harm to Bernard Smith on the evening of July 23, 2015, at St Anne’s Terrace in Sligo town.

The trial was meant to have started 24 hours earlier only for one of the witnesses, Mr Smith himself, to not be present in Court. A warrant was served on him and Mr Smith appeared in Court yesterday to give evidence.

Prosecuting barrister, Leo Mulrooney, told the Court that on July 23, 2015, Bernard Smith (who was 37 years of age back then) had been “on a drinking session all day” with his friend John Lynott.

Around 7pm that evening, the pair were walking along St Anne’s Terrace when Smith was struck from behind causing him to fall to the ground.

Lynott was said to have identified Smith’s assailant as Michael Corcoran with the latter apparently running away, getting into a car and then driving off.

Mr Mulrooney continued by adding that some time later, Corcoran drove back to the scene which was already being attended to by Garda officers. It is alleged that Corcoran “acted the concerned citizen” and gave the Garda a towel to put on Smith’s injured head.

Smith was later taken to hospital where it was found that he had a broken jaw, a fractured skull and brain injury.

Smith was then called to the witness box to give evidence. Mr Mulrooney asked him if he could remember where he was on the night in question. Smith said he couldn’t.

After identifying photographs of himself after he had been injured, Smith was then asked if he had any recollection of the incident. Smith replied he did not.

When handed the statement he made to Garda after the incident, Smith said: “I don’t remember making the statement but that is my signature on it”.

Garda Louise Keogh was then called to the witness box where she confirmed that she – along with Sgt Butler – visited Smith at hospital whereby a statement was taken from him and signed by Smith.

Defence barrister, Des Docherty, approached the witness box and asked Garda Keogh if Smith had told her of what happened or did somebody else tell her of what allegedly happened before she approached Smith. Garda Keogh confirmed that was the case.

Mr Smith was recalled to the witness box. Mr Mulrooney asked if he remembered drinking on the day of the incident.

Smith replied that he couldn’t remember but stated that for months beforehand, he had been drinking and doing drugs and had been a heavy user of both around that time.

Mr Mulrooney asked if he was on “a drinking session with John Lynott that day”. Smith replied, “I don’t know”.

Asked if he knew John Lynott, Smith confirmed that he did.

Mr Docherty then asked Smith if he could have just fallen that day. Smith replied, “probably”.

John Lynott was then called to the witness box and when asked by Mr Mulrooney if he remembered what happened that day, he replied, “I don’t remember a thing”.

When asked if he remembered what happened to his friend Bernard Smith, Lynott replied, “no”.

Lynott was then handed a copy of the statement he made to the Garda that evening and was asked if he could remember giving it. He replied, “I can’t remember making it”.

Asked if that was his signature on the statement Lynott again replied that he couldn’t remember giving the statement. When pressed on the question of his signature, Lynott replied, “It looks like my name is there” before adding, “I don’t remember making it (the statement) but I have to accept that I did”.

Garda Keogh was again called to the witness box and asked by Mr Mulrooney if she took the statement from Mr Lynott.

She said: “As part of the enquiry, I took Mr Lynott’s statement at his house after he agreed to do so.”

When asked if Lynott signed the statutory declaration that any information given in the statement must be a true account, Garda Keogh replied: “He did. I witnessed his signing of the statement. I then invited him to make any changes to it. He declined.”

The trial continued as The Sligo Weekender went to press yesterday afternoon (Wednesday, January 31).