Jail warning for witnesses in assault case

WITNESSES in an assault case at the ‘The Risin Sun’ in Listowel have been warned to turn up to give evidence or they will be going to jail.

Judge David Waters said it appeared to him that there had been attempts to “frustrate” the case and delay it getting to a hearing.

He warned that the next time the case is due before the court that he will insist that it goes on and that if someone does not turn up they will find themselves in custody.

Two witnesses, Sandra O’Gorman and Denis O’Donnell, both of Farranawanna House, Tarbert, came before Listowel District Court last week on a witness warrant after they failed to turn up to give evidence at a previous sitting.

The court heard that the situation is “a little bit complex”.

Neither Ms O’Gorman or Mr O’Donnell are state witnesses and never gave a statement to gardaí, but they did give a non-caution statement to a defence solicitor in the case. Ms O’Gorman had been leasing ‘The Risin Sun’ at the time of the incident but was no longer in the business. Mr Pat Enright, representing both witnesses, said the case was “fraught with difficulties” and they wanted “no hand, act or part in it” and do not wish to give evidence.

Mr Enright said that there is a wrong way and a right way to deal with this and they had done it the wrong way by not turning up. He said that they apologise and will be in the court at the next hearing to deal with it correctly and he asked that they not be remanded.

The assault case involves Christopher McCarthy of 12 Liosarda, Listowel and Martin McCarthy of Clash Road, Abbeyfeale. Christopher McCarthy is charged with assault at the ‘The Risin Sun’ at Market Street, Listowel while Martin McCarthy is charged with threatening and abusive behaviour and assault, arising out of the same incident on September 17, 2016.

Judge David Waters set a date of February 25, 2019, for the case and warned witness to be in court: “If someone doesn’t turn up and tries to frustrate the hearing, I won’t grant bail. They will find themselves in custody.”

“I don’t know, but there may have been attempts to frustrate the case. It has taken a long time to get to a hearing,” he added.