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Call to dismiss assault charge against son of EuroMillions winner after ‘no-show’ by accuser


A judge has been asked to dismiss a mart assault charge against the farmer son of EuroMillions winner, Dolores McNamara.

At Ennis District Court on Tuesday, solicitor Daragh Hassett made the application to Judge Mary Larkin for the case dismissal against his client, Gary McNamara, after the alleged injured party failed to show up to court for the contested assault case.

Gary McNamara (43) of Ruan Manor, Ruan, Castleconnell, Co Limerick, denies the minor assault charge on Bernard Earley at Ennis Mart on August 17, 2021.

After Mr Earley failed to attend, Mr Hassett told Judge Larkin: “I am asking for the case to be dismissed. Myself and my client have a certain view of the alleged injured party in this case in relation to his motives.”

He said that after the last call-over of cases in September, the case was reported in the media and after this, there was a phone call from the area that the alleged injured party lives into his office “asking for a phone call back from me to discuss the case”.

I thought that this was improper.

He said that the CCTV evidence in the case is of no assistance to the prosecution’s case and that he was resisting in the strongest possible terms a Garda application that the case be adjourned to next January.

Sgt Aiden Lonergan told the court that the alleged injured party could not come to court due to a medical issue concerning a close family relative and that Mr Hassett’s office had been informed about this on Monday.

Mr Hassett told Judge Larkin that there was no medical evidence before her in relation to what the alleged injured party has told gardaí.

Judge Larkin asked Sgt Lonergan if he had any medical evidence and Sgt Lonergan said: “I can’t adduce that today.”

Case adjourned

Judge Larkin said that she would adjourn the case to November 2 to Ennis District Court for the medical evidence to be provided concerning Mr Earley’s relative.

Judge Larkin said that if the evidence is not before the court, “I have will to accede to Mr Hassett’s application” for the dismissal.

In court last month, Mr Hassett said that Mr McNamara was “to fully contest the case in every way”.

He said that even though the CCTV footage is State evidence, it was very helpful to his client’s defence as it showed that “nothing happens”.

A native of Limerick, Mr McNamara farms a substantial landholding in east Clare.

Previously, Mr Hassett told the court that the case is not suitable for legal aid.

His family connection to Dolores, who won a then record €115m EuroMillions jackpot in August 2005, was not referred to during the brief hearing into the case on Tuesday.


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