A MEDICAL professional is to be sent forward for trial to the circuit court concerning the alleged farm-yard assault on his younger brother, writes Gordon Deegan.
That is according to Sergeant Aiden Lonergan who told Judge Mary Larkin at Ennis District Court that the DPP has directed that the case against Conor O’Halloran (39) is to proceed on indictment to the circuit court.
Sergeant Lonergan said that a Book of Evidence will be prepared in the case where Conor O’Halloran is charged with the assault causing harm of his brother, Daniel O’Halloran (35).
Any person convicted of such an offence in the circuit court can face a fine and/or a prison term up to five years.
The court heard previously that farmer, Daniel O’Halloran (35) was left with a “large piece” of his ear missing after the alleged farm yard altercation with his brother, Conor O’Halloran at Liscullane, Tulla, Co. Clare on May 5 last.
Solicitor for Conor O’Halloran, Edel Ryan told Judge Larkin that she wanted to flag that she would have an application for legal aid for Mr O’Halloran with him being sent forward for trial to the circuit court.
Judge Larkin said that “it is a serious matter” before the court. Judge Larkin granted legal aid after hearing that Gardai had no objection to legal aid in the case.
In court last November, Judge Alec Gabbett declined district court jurisdiction after viewing colour photographs of Daniel O’Halloran’s left ear in the aftermath of the alleged assault.
Judge Gabbett commented that “there is a large piece of the ear missing in this photo” adding, “It is a significant injury.”
Sergeant Lonergan told Judge Gabbett that the medical report outlined that there was “a noticeable piece” of the left ear missing.
The sergeant stated that Conor O’Halloran of Rosebank, Old Bawn, Tallaght, Dublin 24 is a Dublin-based medical professional and is married with two children while Daniel O’Halloran resides at the Liscullane farm with his wife and son.
Sergeant Lonergan stated previously that the background to the incident is that the two brothers “are in disagreement due to tensions over land owned by Conor O’Halloran and farmed by Daniel O’Halloran and a suggestion on how an area of forested land should be used and owned”.
Sergeant Lonergan stated previously that it will be alleged on May 5 last year at Daniel O’Halloran’s farm yard, Daniel O’Halloran saw that Conor O’Halloran was there “in what could be described as a rage”.
He stated that an altercation ensued with both men tumbling and tussling on the ground where it will be alleged that Conor O’Halloran bit the top of the alleged injured party’s ear.
Sergeant Lonergan stated that in a prepared statement provided to Gardai last July, Conor O’Halloran stated that during the incident, he alleged that he was being choked by his brother, Daniel.
Daniel O’Halloran was brought to University Hospital Limerick for treatment.
Prior to Judge Gabbett declining the district court jurisdiction in the case, the DPP had recommended that the case be heard in the district court taking into account the injury, the incident, the character of both parties and bringing the matter to a quick conclusion and that the sentencing powers available to the district court would be able to deal with the case.
Judge Larkin adjourned the case to March 16th for the preparation of the Book of Evidence.