Case of All-Ireland winning Clare hurler accused of assaulting boy a 'priority' says judge

A judge has stated that he anticipates setting a trial date next March for the assault trial of former All Star and Clare All-Ireland winning hurler, Niall Gilligan.

At Ennis Circuit Court this Monday, Judge Francis Comerford said he anticipates setting a trial date on March 25 next as it is a priority case.

In the case, Mr Gilligan, aged 47, of Rosroe, Sixmilebridge denies assaulting a 12-year-old boy causing him harm during an alleged ‘stick’ assault.

During the procedural hearing, Judge Comerford said the case is a priority one “because of the age of the complainant”.

Counsel for the State, Sarah-Jane Comerford BL told Judge Comerford: “We are trying to move it along judge.”

If a trial date is made on March 25, 2025, it is likely that the case will be heard during the criminal circuit court sessions commencing on April 29 or during the criminal sessions of the court next summer.

Ms Comerford indicated that intermediaries - to assist juvenile witnesses with the court process - have to be organised in the case.

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Patrick Whyms BL told Judge Comerford that he is representing Mr Gilligan and is instructed by solicitor, Daragh Hassett in the case.

The charge, which Mr Gilligan denies, relates to an alleged incident at the Jamaica Inn Hostel, Mount Ivers Road, Sixmilebridge on October 5, 2023.

Mr Gilligan was not required to attend the procedural hearing and he was not present in court as the matter was dealt with.

The Director of Public Prosecutions had initially directed that the case be heard in the district court but Judge Alec Gabbett declined district court jurisdiction, after hearing an outline of the State case against Mr Gilligan in July.

In court in July, State solicitor, Aisling Casey told the court that one of the injuries the boy was treated for in the aftermath of the alleged ‘stick assault’ by Mr Gilligan was a fractured left hand.

Mr Hassett told the court that the sequence of events set out by the State is not accepted by his client and “there is a complete dispute in relation to what is alleged to have happened here”.

As part of the State case, a medical report and photos of the boy’s injuries were handed into court in July and Judge Gabbett said at the time: “I am looking at photographs here and what I am seeing is a child with significant injuries over and above what the district court should be dealing with so I am going to refuse jurisdiction.”

Outlining the background to the charges against Mr Gilligan, Ms Casey said the charges relate to a matter alleged to have happened on October 5, 2023 at 5.30pm. 

She said that the alleged injured party, who was aged 12 at the time, was with a friend also aged 12 and they were on a disused property, the Jamaica Inn in Sixmilebridge owned by the accused.

Ms Casey said: “When the boys were on the property, it will be alleged that the accused confronted the two boys and produced a wooden stick and the boys attempted to flee."

She said that it will be alleged that the alleged injured party “slipped on muddy ground and while lying on the ground, it will be alleged that the accused struck him several times with the wooden stick he had in his possession.”

Ms Casey stated the boy returned home on foot and was brought first to the VHI clinic and subsequently transferred to University Hospital Limerick that evening.

Ms Casey said that the injuries reported included a loss of consciousness by the boy along with significant bruising at the top right shoulder, the buttocks and lower back.

Ms Casey said that injuries also included a 2cm long wound was on the boy’s forearm and a 2cm long wound to the right shin  which both required suturing.

She stated that following orthopaedic intervention, a fracture was identified on the boy’s left hand and that he made a full, uneventful recovery concerning the left hand.

In July, Ms Casey confirmed that both juvenile witnesses will give evidence by video-link in the circuit court.

Mr Gilligan was a star forward for the senior Clare hurling team which defeated Tipperary to win the 1997 All-Ireland final and was named an All-Star in 1999.

The Sixmilebridge clubman also won two Munster titles with Clare and multiple honours with his club over a long, distinguished hurling career.

Judge Comerford remanded Mr Gilligan on continuing bail until March 25, 2025. He excused the defendant from attending court on that date.