A judge has directed a jury to find two city youths not guilty of a knife attack on another youth two years ago, following a three-day trial at Galway Circuit Criminal Court.
Marcus MacComascaigh (20), with addresses in Fana Glas, Ballybane, and Cur na Lus, Circular Road, and a now 18-year-old youth – who cannot be named because he was 16 at the time of the alleged offence – had both denied a charge of assaulting Dominic Downes, then aged 18, causing him harm, at Church Alley, Ballymoneen Road, Knocknacarra, in the early hours of Saturday morning September 27, 2014, when they appeared for trial at Galway Circuit Criminal Court.
A jury was sworn in to hear evidence in the trial which was expected to take two to three days.
Outlining the State’s case, prosecuting barrister, Conor Fahy told the jury Mr Downes had sustained a number of stab wounds to his back and shoulder and had been hit with a bicycle lock.
He said Mr Downes had been in a number of pubs in the city on the Friday night celebrating a friend’s 18th birthday.
He went home in the early hours of the morning and his brother and a female friend were in the house. They continued drinking and the girl decided to make a prank call to the juvenile.
The juvenile figured out the phone call came from Mr Downes’ phone and he rang him, arranging to meet him in the alleyway beside Knocknacarra Church.
Before he left to meet the juvenile, Mr Downes took a butterfly knife with him for his own protection.
When he arrived at the alley, he was confronted by the two accused.
The juvenile pulled out a knife and swung it at Mr Downes, cutting him over his right eye.
Mr Downes pulled out the butterfly knife but dropped it.
The juvenile then swung his knife again, cutting Mr Downes’ arm.
Mr Downes kicked the juvenile, knocking him to the ground. He then walked away, but the juvenile came after him.
Mr Fahy said MacComascaigh then joined in the assault and held Downes in a headlock, while the juvenile stabbed him a number of times in the back.
The juvenile then took out a bicycle lock and hit Downes.
He eventually managed to free himself and make his way home. He was later treated in hospital for his injuries.
Mr Downes had refused to come to court to give evidence in the trial and in the absence of the jury, a bench warrant was issued for his arrest.
Detective Fergal Kilbane executed the warrant and brought Mr Downes to court in custody the next day. Jurors were unaware he was in Garda custody at all times during the trial.
Mr Downes was called as a witness for the prosecution on and was questioned by Mr Fahy. He told the jury he didn’t remember what happened that night.
In reply to Mr Fahy, he said he remembered he had been drinking in town but said he could not remember anything after that.
Following further questioning, Mr Downes said he remembered drinking later when he got home, but could not remember anything after that.
Legal submissions were made to the court in the absence of the jury by two barristers who represented both accused under the Free Legal Aid scheme, regarding Mr Downes’ unwillingness to give evidence.
Following their submissions, Judge Rory McCabe ruled Mr Downes’ statement, which he had made to Gardai, was inadmissible in the trial as he could not be cross-examined by both defence teams if it was allowed into evidence.
Mr Fahy informed the court that the State was not offering any further evidence in the case and the trial could not proceed.
Judge McCabe then directed the jury foreman to enter a verdict of “not guilty by direction of the trial judge” in relation to both accused.
Judge McCabe said to MacComascaigh and to the juvenile, who is serving sentences for other offences: “You’re both discharged for the present, but I’m sure we will be seeing you again.”
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