Football star goes free as judge rubbishes case

AN All-Ireland-winning footballer walked free from court yesterday.

The judge said student garda Aidan O’Mahony, 26, might never even have been charged if he was not a top footballer.

Judge James O’Connor found there was no case against Mr O’Mahony. He said the evidence lacked “cohesion and credibility and did not stand up to cross-examination”.

“I have a feeling that if it was Sean Citizen, or Sheila Citizen, there would be no prosecution and we would not be here at all today,” the judge said.

Judge O’Connor also said he found it difficult to understand why the charges, which arose from incidents outside a Killarney nightclub early on January 2, 2006, had been brought. He dismissed all four charges — an alleged assault on off-duty doorman Damien Casey, the obstruction of Garda Edmund Walsh and two charges for Public Order Act offences.

O’Mahony, from Mounthorgan, Rathmore, looked relieved, rose to his feet and smiled briefly when Judge O’Connor handed down the decision at Tralee District Court.

Accompanied in the public gallery by his sister Nora and former Kerry football selector Ger O’Keeffe, the former All-Star was congratulated by friends before leaving the courthouse.

Mr O’Mahony was suspended from the Garda Training College for almost a year pending the outcome of the case.

His solicitor Padraig O’Connell said Mr O’Mahony intended to return immediately to the college.

Mr O’Connell said O’Mahony had been totally exonerated and was extremely pleased with the decision.

“In my opinion, there was no stateable case to be brought against Mr O’Mahony. It appears his status as a trainee garda and prominent Kerry footballer were contributory factors to the prosecution,” the Killarney-based solicitor added.

Judge O’Connor, who had heard evidence at Killarney Court on Tuesday, considered his verdict overnight. Five doormen and two garda witnesses gave evidence for the prosecution during the three-hour hearing, which also included CCTV footage of crowds on the stairwell of Mustang Sally’s nightclub and crowds on the street. The court heard that up to five doormen were at one time on top of Mr O’Mahony on the street and that he had suffered injuries to the head and face.

Mr O’Mahony said he was dazed and confused after his head was “belted’’ off the pavement and off a wall.

Giving his judgment, Judge O’Connor said the State should “very carefully” look at the facts when bringing a case that could involve custodial sentences. The more serious charges brought against O’Mahony of a Section 2 assault and obstruction of a garda each carried six months’ imprisonment, while public order offences carried three months, he pointed out.

He said it was clear from the evidence of the principal witnesses, both doormen, there was no contact made by O’Mahony with anyone. The only evidence was that there had been a swinging action by O’Mahony and he did not believe O’Mahony put anyone in a headlock.

“There’s not a shred of evidence to convict him of section 2 assault, or of any type of assault,” the judge said.

He said he felt the doormen took exception to the defendant’s attitude when he questioned them. Three, four or five of them gathered around him and forced him to the ground.

“It was a complete over-reaction on the part of the bouncers. It is not a crime to question bouncers. It seems to me the bouncers completely over-reacted and joined in consort against him,” Judge O’Connor said.

“For the life of me I don’t know why a section 19 charge (obstructing a garda) was brought. There’s not a shred of evidence to support it.”

The State had not established the evidence needed to convict in any of the charges and the evidence would not even stand up in a civil case where the burden of proof was less, the judge continued.

“The evidence points to the fact it was the defendant himself who sustained injuries on two occasions.” Judge O’Connor said.

“Mr O’Mahony had been pinned against a wall and while on a footpath had received a gash to the back of his head. “It is obvious he was not the aggressor in these circumstances.”

Dismissing all charges, the judge said the defendant had done nothing legally or morally wrong, had no criminal intent and broke no standard of behaviour.

Mr O’Connell afterwards said Aidan O’Mahony had been through a very difficult time, but hoped to bring the Sam Maguire Cup back to Kerry next September.