Clare farmer left with 'large piece' of his ear missing after altercation with brother
Ennis District Court heard the DPP has directed that the case against Conor O’Halloran, 39, of Rosebank, Old Bawn, Tallaght, Dublin 24, is to proceed on indictment to the circuit court.
A medical professional is to be sent forward for trial to the circuit court concerning the alleged farmyard assault on his younger brother.
That is according to Sergeant Aiden Lonergan, who told Judge Mary Larkin at Ennis District Court that the DPP has directed that the case against Conor O’Halloran, 39, is to proceed on indictment to the circuit court.
Sgt Lonergan said a book of evidence will be prepared in the case where Conor O’Halloran is charged with assault causing harm to his brother, Daniel O’Halloran, 35.
Any person convicted of such an offence in the circuit court can face a fine and/or a prison term up to five years.
The court heard previously that farmer Daniel O’Halloran was left with a "large piece" of his ear missing after the alleged farmyard altercation with his brother, Conor O’Halloran at Liscullane, Tulla, Co Clare, on May 5 last.
Solicitor for Conor O’Halloran Edel Ryan told Judge Larkin she wanted to flag that she would have an application for legal aid for Mr O’Halloran, with him being sent forward for trial to the circuit court.
Judge Larkin said “it is a serious matter” before the court.
Judge Larkin granted legal aid after hearing gardaí had no objection to legal aid in the case.
In court last November, Judge Alec Gabbett declined district court jurisdiction after viewing colour photographs of Daniel O’Halloran’s left ear in the aftermath of the alleged assault.
Judge Gabbett commented that "there is a large piece of the ear missing in this photo”.
He said: “It is a significant injury.”
Sgt Lonergan told Judge Gabbett the medical report outlined that there was “a noticeable piece” of the left ear missing.
He said Conor O’Halloran of Rosebank, Old Bawn, Tallaght, Dublin 24, is a Dublin-based medical professional and is married with two children while Daniel O’Halloran resides at the Liscullane farm with his wife and son.
Sgt Lonergan said previously the background to the incident was that the two brothers “are in disagreement due to tensions over land owned by Conor O’Halloran and farmed by Daniel O’Halloran and a suggestion on how an area of forested land should be used and owned”.
Sgt Lonergan said previously it will be alleged on May 5 last year at Daniel O’Halloran’s farmyard, Daniel O'Halloran saw that Conor O’Halloran was there “in what could be described as a rage”.
Sgt Lonergan said an altercation ensued, with both men tumbling and tussling on the ground where it will be alleged Conor O’Halloran bit the top of the alleged injured party’s ear.
Sgt Lonergan said in a prepared statement provided to gardaí last July, Conor O’Halloran said during the incident he alleged he was being choked by his brother, Daniel.
Daniel O’Halloran was brought to University Hospital Limerick for treatment.
Prior to Judge Gabbett declining the district court jurisdiction in the case, the DPP had recommended the case be heard in the district court, taking into account the injury, the incident, the character of both parties and bringing the matter to a quick conclusion and that the sentencing powers available to the district court would be able to deal with the case.
Judge Larkin adjourned the case to March 16 for the preparation of the book of evidence.
CONNECT WITH US TODAY
Be the first to know the latest news and updates
