*Niall Gilligan.
A JUDGE has directed that a pre-trial ‘ground rules’ hearing is to take place next month concerning the upcoming assault trial of former All Star and Clare All-Ireland winning hurler, Niall Gilligan due to the age of the complainant in the case.
At Ennis Circuit Court on Tuesday, Judge Francis Comerford has confirmed that the pre-trial ‘ground-rules’ hearing is to take place before the assault trial which is anticipated to commence in July.
Counsel for the State, Sarah Jane Comerford BL told Judge Comerford: “We are eager to move the case on in light of the age of the complainant”.
In the case, Mr Gilligan (48) of Rosroe, Sixmilebridge denies the assault causing harm of a then 12 year old boy during an alleged ‘stick’ assault.
Judge Comerford today fixed dates for trials for the next criminal circuit court sessions in April/May and the assault trial for Mr Gilligan is likely to get a trial date for the three week long criminal court sessions commencing on July 15th after the pre-trial hearing has been complete.
There are two juvenile witnesses in the case including the complainant and they require court intermediaries who are appointed to assist juvenile witnesses with the court process.
Ms Comerford (instructed by State Solicitor for Clare, Aisling Casey) said that an intermediary assessment report has been completed in respect of the complainant in the case and the State is in the process of obtaining an intermediary assessment report of another prosecution witness who is also a minor.
Ms Comerford said with the two reports, “we wish to list the case for April 29th for a pre-trial ground-rules hearing”.
Patrick Whyms BL told Judge Comerford that he was representing Mr Gilligan and is instructed by solicitor, Daragh Hassett in the case.
Mr Gilligan denies the charge of assault causing harm of the boy at the Jamaica Inn Hostel, Mt Ivers Rd, Sixmilebridge contrary to Section 3 of the Offences Against the Person Act on October 5th 2023.
Mr Gilligan was not present in court for the mention of the case today and was not required to attend.
The DPP had initially directed that the case be heard in the district court but Judge Alec Gabbett declined district court jurisdiction in the case after hearing an outline of the State case against Mr Gilligan last July.
In court last July, State solicitor, Aisling Casey told the court that one of the injuries the boy was treated for in the aftermath of the alleged ‘stick assault’ by Mr Gilligan was a fractured left hand.
Solicitor for Mr Gilligan, Mr Hassett told the court last July that the sequence of events set out by the State is not accepted by his client and “there is a complete dispute in relation to what is alleged to have happened here”.
As part of the State case, a medical report and photos of the boy’s injuries were handed into court in July and Judge Gabbett said at the time, “I am looking at photographs here and what I am seeing is a child with significant injuries over and above what the district court should be dealing with so I am going to refuse jurisdiction”.
Last July, Ms Casey confirmed that both juvenile witnesses will give evidence by video link in the circuit court.
Mr Gilligan was a star forward for the senior Clare hurling team which defeated Tipperary to win the 1997 All-Ireland Final and was named an All-Star in 1999.
The Sixmilebridge clubman also won two Munster titles with Clare and multiple honours with his club over a long, distinguished hurling career.
Judge Comerford further remanded Mr Gilligan on bail on the same terms to Ennis Circuit Court on April 29th.
