‘Evidence not satisfactory’
JUDGE Kevin Kilrane said he was not satisfied with the prosecution’s evidence and dismissed a case regarding criminal damage to a car in Main St, Dromore West on April 26 th 2017. Paul Ruane, 25, of Dunbeakin, Templeboy, was charged with criminal damage after it was alleged he caused damage to Liam Gallagher’s car with his fist. Defending solicitor, Mr John McNulty, asked Mr Gallagher detailed questions surrounding the case. Mr Gallagher told him his brother who lives 700 yards away farms hundreds of acres of land in Dromore West. He said the land was his initially and he then gave it to his uncle who gave it to his brother. Mr McNulty put it to Mr Gallagher that there was a serious history between him and his brother and he was convicted of assaulting him a number of years ago. Mr McNulty put it to him that the defendant’s father had given evidence in a previous case and ever since Mr Gallagher had a gripe against him and anyone associated with his brother. “This is the first I heard of it,” Mr Gallagher replied. Mr McNulty then asked why on the day before the alleged incident he was parked miles up the mountain when he had no land out there, saying there were reports sheep wire was being cut. Inspector Paul Kilcoyne said it was an unfair avenue but then Mr McNulty asked Mr Gallagher if he met the defendant the day before the alleged incident, when he was checking his father’s land, to which he replied no. “I didn’t know him at all, sure didn’t I ask him who he was,” said Mr Gallagher. Mr McNulty then asked if he followed him for three miles where they happened to meet his brother, who he said was in court to give evidence to say he had to reverse out of the way. Mr Gallagher said he couldn’t recall it. Mr McNulty then asked why the following morning he was at Mr Ruane’s house, where he was seen by Mr Ruane’s sister and a complaint was made to gardai. “This is a made up story,” Mr Gallagher added. He said on the evening of April 26 t he was going to into the shop, he couldn’t park at the forecourt as it was full of cards getting petrol. He said Mr Ruane was using foul language towards him. Mr McNulty said his client said Mr Gallagher was walking around a white van and he said it wasn’t the van he was looking for. He said Mr Gallagher got into his car and it jumped forward and his client had to jump out of the way. “He was shouting language.
He hit a thump on the car, he could have had something in his hand.” Mr McNulty said his client never touched his car to which Mr Gallagher denied. Mr Gallagher then said he no longer had the car. Judge Kilrane said he was not satisfied with the evidence and he was going to dismiss.
Inspector Kilcoyne said in fairness the injured party was wound up but the evidence was there that there was damage caused to the injured party, adding the facts of the matter haven’t changed.
Judge Kilrane said: “I don’t appreciate you challenging after I have made my order. The evidence in relation to him not knowing Mr Ruane is incorrect, he was acutely aware of who the defendant is. Secondly on the last occasion he said clearly the car was not repaired yet, now the case has changed and the car is changed. When I looked at the photos there was a sharp indentation on the bonnet and it’s inconsistent with the belt of a fist.” He said a closed hand wouldn’t leave a sharp indentation. “Mr Gallagher corrects it today and says he might have had something in his hand. This case is dismissed,” the judge added.