A judge has been asked to dismiss a mart assault charge against farmer son of Euromillions winner, Dolores McNamara.
t Ennis District Court, solicitor Daragh Hassett made the application to Judge Mary Larkin for the case to be dismissed against his client, Gary McNamara, after the alleged injured party failed to show up to court.
Mr 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.”
He said: “Myself and my client have a certain view of the alleged injured party in this case in relation to his motives.”
Mr Hassett said that after the last call-over of cases in September, the case was reported in the media. He said that after the case was reported on, there was a phone call from the area that the alleged injured party lives in to his office “asking for a phone call back from me to discuss the case”.
He said: “I thought that this was improper.”
Mr Hassett said the CCTV evidence in the case is of no assistance to the prosecution case.
He said 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 relative and that Mr Hassett’s office had been informed on Monday that the alleged injured party would not be coming to court.
Mr Hassett told Judge Larkin there was no medical evidence before her in relation to what the alleged injured party has told gardaí.
Judge Larkin asked Sgt Lonergan did he have any medical evidence and Sgt Lonergan said: “I can’t adduce that today.”
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.
She said that if the evidence is not before the court, “I have will to accede to Mr Hassett’s application” for the dismissal of the case.
In court last month, Mr Hassett said 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. He said the footage shows 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.
Mr McNamara’s 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 today.