Healy-Rae appeals against assault convictions adjourned again

The adjournments are being sought by the State to facilitate witnesses who wish to travel and who have been unable to do so because of Covid regulations.

Jackie Healy-Rae on right, and his brother Kevin pictured arriving with their solicitor Padraig O'Connell at Kenmare Court in 2018. File Picture: Don MacMonagle

Appeals to the Circuit Court by Jackie and Kevin Healy-Rae — sons of Kerry TD Michael Healy-Rae — against District Court convictions for a late-night assault on an English man in Kenmare in December 2017, have again been adjourned at the request of the State.

Appeals were lodged more than two years ago, after the Healy-Raes and a friend were given suspended sentences at Kenmare District Court.

The adjournments are being sought by the State to facilitate witnesses who wish to travel and who have been unable to do so because of practicalities involved under Covid restrictions, it is understood.

Jackie Healy-Rae, 26, a Kerry county councillor, and his younger brother Kevin, 24, along with Malachy Scannell, were convicted in December 2019 of assault on an English visitor to Kenmare, causing him harm, during Christmas 2017. A row had begun at a chip van, after the English visitors objected to Kevin Healy-Rae queue-jumping, the district court was told.

Jackie Healy-Rae pictured after the court case in Tralee on their way out of court in 2019. Picture:  Domnick Walsh /  Eye Focus LTD

The three were given suspended prison sentences and almost immediately lodged full appeals.

The hearing of the matter of what is expected to be a lengthy process has come before the circuit court several times already.

An application to adjourn to fix a date by State solicitor Diane Reidy at the Circuit Court in Killarney on Thursday came before Judge Sarah Berkley.

It was the State which was making the application, Katie O’Connell, defending, said.

It has now been adjourned to the call over list on March 28, again to fix a date for hearing.

The appellants have been excused from having to attend on that date, at the request of defence counsel.

The case is now among the longest on the list of the District Court appeals on the Kerry Circuit.

Outside the court, solicitor for the Healy-Raes, Padraig O’Connell, who was asked about the length of time the appeal was taking, said there was gross delay. He and his clients wanted the matter to be dealt with “expeditiously”, he said.

It is one of the longest serious appeals in the system where people have a cloud hanging over them,” the solicitor said.

Jackie Healy Rae, of Sandymount, Kilgarvan, Co Kerry, denied assaulting Kieran James, then aged 30, causing him harm on December 28, 2017, on Main St, Kenmare, Co Kerry.

He also denied assaulting Mr James at East Park Lane in the town on the same date.

Kevin Healy-Rae, also of Sandymount, Kilgarvan, denied the charge of assault causing harm at Main St, Kenmare, as did Malachy Scannell (aged 36) of Inchinacoosh, Kilgarvan.

Judge David Waters convicted and handed down sentences to each of a number of months, suspending all sentences. Appeals were lodged in the case of all three almost at once.