Jury in trial of Clare hurler Niall Gilligan accused of assaulting boy, 12, retires to consider verdict

Judge told the jury what they have to decide if there was an assault, or was it not an assault because of a lawful excuse

Niall Gilligan denies assault causing harm with a stick of a then 12-year-old boy at the Jamaica Inn hostel, Sixmilebridge on October 5, 2023.

The jury of seven men and five women has retired to consider its verdict in the assault case against former All-Star and Clare All-Ireland winning hurler Niall Gilligan.

At Ennis Circuit Court on Tuesday, the jury commenced deliberations at 12.33pm after Judge Francis Comerford told them they should make their decision in the case “after a cold, direct, forensic determination of the facts”.

Judge Comerford told the jury what they have to decide if there was an assault, or was it not an assault because of a lawful excuse.

In the case, Mr Gilligan, 48, of Rossroe, Kilmurry, Sixmilebridge, denies the assault causing harm with a stick of a then 12-year-old boy at the Jamaica Inn hostel, Sixmilebridge on October 5, 2023.

In his charge to the jury on Tuesday, Judge Comerford directed if they were satisfied beyond all reasonable doubt the first encounter between Mr Gilligan and the boy that led to the force being applied commenced and started outside the two-storey Jamaica Inn rather than in the corridor of the building, then they cannot consider the lawful use of force as a defence.

Judge Comerford also told the jury in the defence of self-defence, they should consider if the accused honestly believed he had to use force for the purpose of protecting himself from an assault or damage to his property.

Judge Comerford said if the answer was no the defence of self-defence was no longer available to the accused.

He said if the answer was yes, then was the force used by the accused reasonable and necessary in the circumstances as he saw them.

He said if the answer was yes to that question, “then you must acquit. If no, it wasn’t reasonably necessary, well then he is guilty of the offence.” 

Judge Comerford said the jury could only apply this test if they were satisfied the first encounter was inside the two-storey building.