*Photograph: David Crimmins
A JURY has found an Ennis man not guilty of the assault causing harm of a father of four at the Spancilhill Horse Fair in June 2023.
At Ennis Circuit Court, a jury delivered a majority verdict that Ned OโDonoghue (27) of Knockaneen, Tulla Rd, Ennis was not guilty of the assault causing harm of Ned Doherty at the fair on June 23rd 2023.
The jury also found Mr OโDonoghue not guilty of violent disorder at the same location on the same date.
On Wednesday afternoon, Judge Francis Comerford told the jury that they could deliver a majority verdict after they failed to reach a unanimous verdict from deliberating for two hours and 53 minutes.
The jury deliberated for a further five minutes before coming back to court to deliver their majority not guilty verdicts to allow Mr OโDonoghue walk free from court after the three day long trial.
Earlier in evidence in the case, assault victim, Ned Doherty said that he was assaulted by men armed with bars at the Spancilhill Horse Fair and told the court that he does not like members of the OโDonoghue family โbecause they burned my fatherโs graveโ.
On Monday, Ned Doherty told a jury that three members of the OโDonoghue family assaulted him with bars as he was at a burger van at around 2pm with three of his young children aged 11, 8 and 4 at the time.
In the witness box, Mr Doherty of Ballymaley Ennis said that he was at the fair with his three sons looking to buy a pony for them when they decided to get burgers at a burger van.
He said while at the van, Ned OโDonoghue, Shane OโDonoghue and Alan OโDonoghue โhit me from behindโ.
He said that he heard Shane OโDonoghue say โkill him, kill him, kill himโ.
Mr Doherty said that Shane OโDonoghue and Alan OโDonoghue are his โdouble first cousinsโ and Ned OโDonoghue โis my second cousinโ.
He said, โThey hit me a number of raps. They hit me down on the top of the head and across the bodyโ.
Mr Doherty said that he was brought to hospital where he required 30 staples to his head for a head wound.
On behalf of Ned OโDonoghue, Martin Durack BL played a video which Mr Doherty posted on social media two days after the assault where he talks about ‘Connieโs Sohos’.
Mr Doherty said that he was referring to Connie OโDonoghueโs sons and grandsons.
Mr Durack asked him, “You donโt like these people do you?โ
Mr Doherty said, โNo – because they burned my fatherโs grave. They threw petrol on my fatherโs grave and burnt it. They said that they did it – the whole place was talking about itโ.
Mr Durack said that this allegation of assault โis an opportunity to blame them for somethingโ.
Mr Doherty said, โNo – I saw them attack me. I saw their faces. I looked around and saw who hit meโ.
Mr Durack said, โYou have a vendetta against the OโDonoghues?โ and Mr Doherty replied โNo. I know who assaulted me. The three of them. I could see them clear as dayโ.
Mr Doherty confirmed to Mr Durack in front of the jury that he is currently in Castlerea prison.
Asked why he is there, Mr Doherty said, โI was done for money launderingโ.
Mr Durack said โfor dishonestyโ and Mr Doherty said, โI thought it wasnโt dishonestโ.
Mr Doherty was brought to court from Castlerea by prison officers.
At Garda interview when asked if he attended the Spancilhill Horse Fair on June 23rd 2023, Mr OโDonoghue replied โno commentโ.