An adjourned assault case against an off-duty garda and his brother was dismissed at a specially fixed hearing of Kenmare District Court yesterday because the State's main witness, the victim of the alleged assault, again failed to turn up.
A Garda inspector told the court the victim of the alleged assault, a Belgian national, had left the country "suddenly", the night before he was due in court last month.
A bench warrant had been issued for his arrest after he had failed to turn up at the previous, specially fixed sitting of the case a month ago.
At that sitting, Insp Barry O'Rourke, Killarney, said Tony Pennisi was in the Square, Kenmare, Co Kerry, with his girlfriend and another party when the accused brothers approached him "in an aggressive manner".
They struck at him, punched and kicked him while on the ground and he received injuries throughout his body, Insp O'Rourke said.
The injured man was taken to Kerry General Hospital but was not detained.
Shannon Ryan (29), Claddanure East, Kenmare, a garda based in Dunmanway, Co Cork, and his brother, Cronan Ryan (26), River Meadow Claddanure East, Kenmare, were both charged with assaulting Mr Pennisi (33), a chef and Belgian national, causing him harm, on August 27th last year. They were contesting the charge.
Yesterday's sitting had been specially fixed to hear the case.
A judge from outside the Kerry district, Judge David Anderson, was assigned to hear it.
When the court got under way yesterday, State Solicitor Ed O'Sullivan, prosecuting, applied for a further adjournment. The "alleged injured party" was not in court, Mr O'Sullivan said.
Insp O'Rourke, who had served the witness summons on Mr Pennisi previously, said Mr Pennisi had changed address from Beaufort, Co Kerry, to Ballyvourney, Co Cork. He has not been able to find him.
Mr Pennisi's solicitor and his former girlfriend did not know his whereabouts, Insp O'Rourke told the court.
Mr Pennisi's Ballyvourney landlord was also contacted and he told Insp O'Rourke his tenant had "left suddenly" on September 9th, the day before the previous court sitting.
Insp O'Rourke now believed Mr Pennisi, who owns no property here, was in Belgium.
Joining in the application, Elizabeth Murphy for Shannon Ryan, said her client, the off-duty garda, had been at the centre of considerable press attention.
"There is no prospect this witness will ever turn up," she said adding a further adjournment would be "grossly unfair" to her client.
Judge Anderson, hearing from Mr O'Sullivan that the case could not proceed without the main witness, dismissed the matter "on the basis of no evidence offered".