The case of an off-duty garda accused of a Section 3 assault in Kenmare, Co Kerry in August 2006 was adjourned after the main witness, the alleged victim, did not turn up to give evidence. The garda's brother is also accused of the assault.
Yesterday's sitting of Kenmare District Court had been specially fixed to hear the case.
Shannon Ryan (29), Claddanure East, Kenmare, a garda based in Dunmanway, Co Cork, and his brother Cronan Ryan (26), River Meadow, Claddanure East, Kenmare, are both charged with assaulting Tony Pennisi (33), an Italian chef, causing him harm in The Square, Kenmare on August 27th, 2006.
Both men are contesting the charge.
The case which was first before the court last March and adjourned for mention twice was set for yesterday and a judge from outside the Kerry district, Judge David Anderson, was assigned to hear it.
Shortly after 11am when the court got under way State Solicitor Ed O'Sullivan, prosecuting, said the main witness, Mr Pennisi, was not in court.
The DPP had consented to summary trial, Mr O'Sullivan informed the court. The Garda officer in charge of the investigation was called.
Insp Barry O'Rourke said he had personally served the witness summons (requiring Mr Pennisi to attend court). He had afterwards met Mr Pennisi who had changed his address and telephone number, in Ballyvourney a number of weeks ago and he had also spoken by phone to him during the week.
He and a sergeant had been in touch with Mr Pennisi as recently as Saturday last and he had assured them he would be in court yesterday.
Mr O'Sullivan applied for an adjournment, saying he could not proceed without his main witness.
However, solicitor for Cronan Ryan, Pádraig O'Connell, objected to an adjournment. His client and his witnesses were in court as his client had been each time the matter had come before the court. His client was in court with a view "to clearing his good name".
Junior counsel, Elizabeth Murphy, defending, said the alleged offence had been hanging over her client, Shannon Ryan. It had led to specific difficulties with his job (as a garda) and he had been "under the microscope".
She asked that it be struck out.
Judge Anderson adjourned the matter until October 22nd next but granted the defence application to have the case struck out if it did not go ahead on that date. A bench warrant was issued for the arrest of Mr Pennisi after an application by the State solicitor.