Jury fails to reach verdict in cousins’ ear-biting case

The jury in the case against a man on trial for biting off part of his first cousin’s ear failed to reach a verdict yesterday after almost four hours of deliberation.

Judge Donagh McDonagh initially told the jury they had to reach a unanimous verdict. He later told them a 10-2 or 11-1 majority would be acceptable.

Asked if there was any prospect of reaching a verdict if given more time, shortly before 5pm yesterday, the foreperson of the jury said no. The judge asked if they were deadlocked and she said they were.

A new jury will have to be empanelled to hear the case, which was adjourned until February 25.

Patrick ‘Able’ Quilligan, 26, with an address at 12 Pine Court, Ashleigh Downs, Tralee, Co Kerry, pleaded not guilty to a charge of assault causing harm to a namesake, Patrick ‘Pedlar’ Quilligan, a middle-aged man, at Commons Rd, Cork, on December 3, 2008, at Cork Circuit Criminal Court.

The defendant and complainant were differentiated in the case by their nicknames, Able and Pedlar.

Pedlar told gardaí in his statement: “He took a bite out of my ear, chewed it up, and spat it back at me.”

Pedlar said there was a disagreement between the families going back a couple of years before the disputed incident in 2008 when a child smashed windows in another family’s caravan.

Defence barrister Desmond Hayes said Able did not cause the injury and that Pedlar had concocted the complaint, fabricated, and lied because he knew the defendant and his father were a soft touch for money. Pedlar denied this and said his only interest was in getting justice.

Pedlar said Able pulled the baby seat out of the back of the car before getting in beside him to bite part of his ear off.

Mr Desmond BL said: “You were also being bitten from the other side?”

Pedlar replied: “That was punches. That was different to being bit. If your ear is bit through you will feel it like.”

Asked if he carried out the assault, Able said there had never been any physical confrontation between them. “The only communication between myself and the injured party was when he contacted my father and asked for €20,000,” he said.