Former All-Star and Clare All-Ireland winning hurler Niall Gilligan allegedly repeatedly struck a 12-year-old boy with a stick, causing a series of injuries, a court has heard.
At Ennis District Court on Wednesday, State Solicitor for County Clare, 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 (47) was a fractured left hand.
Solicitor for Mr Gilligan, Daragh 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”.
Ms Casey said that the DPP had directed that the prosecution against Mr Gilligan be heard in the district court.
However, after hearing an outline of the State case against Mr Gilligan from Ms Casey to determine which court the case would be heard in, Judge Alec Gabbett declined district court jurisdiction.
Judge Gabbett has directed that the case against Mr Gilligan of Rosroe, Sixmilebridge, now go forward to the circuit court where more serious penalties apply on conviction for assault causing harm.
As part of the State case, a medical report and photos of the boy’s injuries were handed into court and Judge Gabbett said: “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.”
Farmer and auctioneer Mr Gilligan is charged with assault causing harm of a 12-year-old boy at the Jamaica Inn Hostel, Mt Ivers Rd, Sixmilebridge contrary to Section 3 of the Offences Against the Person Act on October 5th last.
Mr Gilligan is also charged with producing a wooden stick during the course of a dispute contrary to Section 11 of the Firearms and Offensive Weapons Act at the same location on the same date. Mr Gilligan denies both charges.
Outlining the background to the charges against Mr Gilligan, Ms Casey said the charges relate to a matter alleged to have happened on October 5th 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 were a loss of consciousness by the boy on the occasion, along with significant bruising on the top right shoulder, the buttocks and lower back.
Ms Casey said that injuries also included a 2cm long wound on the boy’s forearm and a 2cm long wound to the right shin which both required suturing.
Ms Casey stated that following orthopaedic intervention, a fracture was identified on the boy’s left hand, and he made a full, uneventful recovery concerning the hand injury.
Asked for his observations by Judge Gabbett, Mr Gilligan’s solicitor, Daragh Hassett said: "My role is limited here, save to say that the sequence of events set out by the State is not accepted."
Mr Hassett said that Niall Gilligan "volunteered a full account to Gardaí some time back".
He said: "There is a complete dispute in relation to what is alleged to have happened here. That is for a different day and perhaps for a different court."
Mr Hassett said that he had no role on the issue of jurisdiction "so I will hold my fire”.
After declining jurisdiction, Judge Gabbett adjourned the case to September 18th to allow a Book of Evidence to be served on Mr Gilligan.
Ms Casey said that as juveniles are involved in the case, she was anxious that matters be expedited as soon as possible.
She confirmed that both juvenile witnesses will give evidence by video link in the circuit court.
Judge Gabbett further remanded Mr Gilligan on bail to re-appear before court on September 18th.
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.
By Gordon Deegan
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