Not guilty verdict sparks violent scenes in Cork court

Angry and violent scenes erupted at Cork Circuit Criminal Court this afternoon when the publican on trial for endangerment arising out of a customer’s death was found not guilty by the unanimous decision of a jury.

Niall Burns, aged 47, of 2 Glen Springs, Blackstone Bridge, Cork, was acquitted when the eight women and four men of the jury delivered their unanimous verdict after three hours of deliberation.

Niall Burns was free to leave court cleared of the charge of endangerment on March 13 and 14, 2008 at Blarney Street, Cork, where it was alleged that he intentionally or recklessly engaged in the forceful restraint of Anthony Hennessy, 41, which created a substantial risk of death or serious injury.

Judge Seán Ó Donnabháin told the jury before they retired to deliberate at the end of the six-day trial that it was a case that was highly charged with emotion.

He said it was understandable that there was such emotion for the accused and for the family of the deceased.

But the judge told the jury that they must look this emotion in the face and ignore it and decide the case on the evidence before them.

Defence senior counsel, Blaise O’Carroll, said that what Mr Burns did on the night was perfectly reasonable and was the most gentlemanly way of restraining a powerful man from lashing out.

“Nobody could possibly object to what he was doing. It is not a question of going in jumping on top of him in the way we hear about bouncers punching and kicking and treating someone in a disrespectful fashion.

“Nothing like that happened at all. There was no question of any blow being struck, no question of overt violence by the Burns family in the context of Mr Hennessy,” Mr O’Carroll said.

Prosecution barrister, Ray Boland, submitted to the jury that the State had put enough evidence before the court to convict Burns on the charge.

“The conduct we are talking about is restraint with his arm around Anthony Hennessy’s neck – there is a dispute about whether it was around his shoulder or around his neck,” Mr Boland said.