A man was cleared today of manslaughter after a judge directed a jury to acquit him of the charge because of insufficient medical evidence.
Mark Prendergast (26), Richmond Court, Bandon, Co Cork, had denied the manslaughter of Mr Richard Ryan (40) - the father of four children - at the Bridewell Bar in Oliver Plunkett Street, Bandon, on November 17th, 2002. He also denied a second charge of assaulting Mr Ryan causing him harm on the same occasion.
Following legal argument, Judge Patrick Moran recalled the jury members at Cork Circuit Criminal Court and directed them to acquit Prendergast of manslaughter.
He said the former state pathologist, Prof John Harbison, wasn't able to say conclusively what had caused Mr Ryan's fatal brain haemorrhage. In those circumstances it would be unsafe to ask them to adjudicate on the charge.
Prendergast was rearraigned on the assault causing harm charge; he pleaded guilty and was remanded on continuing bail for sentence on November 12th.