*FILE PIC: Joseph Mangan.
A CLARE man charged in connection with the alleged street assault of a retired District Court judge is to face trial at the Circuit Court.
At Ennis District Court on Monday, Sgt John Burke confirmed that DPP directions have been received in the case where Jamie O’Connor is charged with the assault causing harm of retired district court judge, Joseph Mangan on Saturday, June 14th.
Mr O’Connor (44) of Laurel Lodge, Clare Rd, Ennis has been in custody since June 18th after Judge Alec Gabbett refused an application for bail and bail was subsequently refused in the High Court.
At a vacation sitting of Ennis District Court on Monday, Sgt Burke said that the DPP has directed that the case is to go before the Circuit Court.
The Book of Evidence was served on Monday in the case for Mr O’Connor to go before Ennis Circuit Court where far higher penalties can be imposed on conviction.
In 2023, the Government doubled the maximum penalty for ‘assault causing harm’ under Section 3 of the Non-Fatal Offences Against the Person Act 1997 from five to 10 years imprisonment.
In court, Judge Fiona Brennan sent forward Mr O’Connor on remand in custody to the next sittings of Ennis Circuit Court.
Mr O’Connor was making his seventh appearance in court and was appearing by video-link from Limerick prison.
Judge Brennan told him if an alibi formed part of his defence, his solicitor, Stiofan Fitzpatrick had 14 days in which to inform the State.
Judge Brennan on Monday extended the legal aid certificate for Mr Fitzpatrick and a junior counsel to represent Mr O’Connor in the Circuit Court.
In connection with the alleged assault, it is alleged that Mr O’Connor told the former judge “you put in jail for nothing” before allegedly punching him outside an Ennis cafe.
The retired judge now in his early 80s served as a judge for 27 years and was the assigned district court judge for Clare from 2001 to October 2011 when he retired at the age of 67.
In the case, Mr O’Connor is charged with the assault causing harm of Joseph Mangan at Barrack Court, Ennis contrary to Section 3 of the Non Fatal Offences Against the Person Act on June 14th.
At a contested bail hearing on June 18th, Judge Gabbett said, “This is an extremely serious alleged offence where a retired district court judge now into his 80s was allegedly assaulted for carrying out a public duty when he was a judge”.
Sgt John Burke told the bail hearing that at 2.25pm on June 14th, Mr Mangan was sitting outside the Gourmet Store on Barrack Court in Ennis having a coffee.
Sgt Burke said that it will be alleged that Mr O’Connor approached Mr Mangan “and told him aggressively ‘you put me in jail for nothing’.
Sgt Burke said, “Following a brief interaction it is alleged that Mr O’Connor stood up and punched Mr Mangan”.
Sgt Burke said that Mr O’Connor then fled the scene in the direction of O’Connell Street.
He said that Mr Mangan went to the local injuries unit in Ennis where he was treated for possible concussion and dizziness.
Sgt Burke said that Mr Mangan made a statement to local Gardaí.
Sgt Burke said that Mr O’Connor was later arrested where he made no admissions “and blamed alcohol for his memory loss”.
