A man was yesterday found not guilty at Limerick Circuit Court of causing serious harm to a passer-by. Judge Harvey Kenny directed the jury to find Mr Anthony Kelly (42), of 121 O'Malley Park, Limerick, not guilty of the alleged offence because of inadequate evidence.
Mr Kelly, who runs a security company, had pleaded not guilty to intentionally or recklessly causing serious harm to Mr Paddy Casey (20), of Clonlong Halting Site, Southill on May 5th, 2000. But Mr Casey, when giving evidence, said he did not know who hit him on the side of the head with something like a gun or a bar. He had been drinking earlier and did not know if there had been one man or 20 men on the occasion.
Earlier, Mr John O'Sullivan, prosecuting, said the evidence would be that Mr Casey had felt a crushing sensation in his right cheekbone after what appeared to have been a handgun was put to the side of his head. The device had been shoved into the side of his head after he passed behind Mr Anthony Kelly's house.
Mr O'Sullivan added that the evidence would also be that Mr Casey suffered disfigurement and substantial impairment to his right eye.
Garda Ronan Higgins said Mr Casey had declined to make a complaint at the time. When he saw Mr Casey in his bedroom, his right cheek was bruised and swollen, his right eye was closed and there was a lot of damage to his nose.
Judge Kenny refused an application to award costs to Mr Kelly, saying he was satisfied it had been proper for the Director of Public Prosecutions to bring the case to court.