Judge warning over snoozing jury man
The reassurance came at Limerick Circuit Court in a trial where the accused was alleged to have shot a neighbour.
Judge Carroll Moran, addressing the jury, said society was very conscious of the need for a fair trial and that it was in this context that he saying there was a perception that one member of the jury was nodding off.
The judge said he did not want to embarrass anybody and instead asked the foreman to discuss the matter during the lunch adjournment.
When the case resumed, the foreman of the jury said he was satisfied they were giving the case their full attention.
Anthony Kelly, aged 50, of 121, O’Malley Park, Southill, Limerick, is pleading not guilty to possessing a Glock pistol with intent to endanger life at Southill on October 28, 2009.
The trial heard how Kelly’s daughter, Jessie, was in a relationship with Michael Lynch, who Kelly was alleged to have shot and wounded after a row broke out between the families on the night of October 27, 2009.
Michael Lynch’s mother, Mary Lynch, of 556 Castle Oaks, O’Malley Park, Southill, earlier told the trial she saw Kelly draw a gun and shoot Michael after an incident near Kelly’s house.
Garda Sheena Howard said when she got to the scene of the shooting Mrs Lynch was hysterical.
Garda Mike O’Connor said Mrs Lynch told him Kelly had shot her son. On going to Kelly’s house, he saw four gun shell casings, one near the front door.
Gda O’Connor knocked on the door, which was answered by Jessie Kelly. She was asked to fetch her father, and when he arrived several minutes later, Garda O’Connor told him a serious incident had occurred outside his house.
When Gda O’Connor asked Kelly if he had any knowledge of it, Kelly replied “no”. He said he had been in bed and heard a shot being fired.
Saying he did not know anything about the shooting, Kelly shut the door.
Gda O’Connor said he knocked again on the door and got no further response.
Kelly was wearing a striped top and his face was wet which Gda O’Connor said he assumed was sweat.
Ambulance paramedic Breda Moloney said that when she arrived to assist Mr Lynch shortly after 8am, he had a gun entry wound to his back and an exit wound to his chest.



