Jury discharged and retrial ordered in violent disorder case
The trial of four Waterford city men, on charged arising out of incidents on a City Council housing estate, collapsed following legal argument when Judge Eugene O’Kelly discharged the Jury.
Before the court charged with threatening to use or using violent disorder were Craig Sullivan (21) of No 10, Manor of St John, Lisduggan, Waterford; Jack Cleary (20) of No 3, Ashley Drive, Cherrymount, Waterford; Dale Brazil (21) of No 1, St. Martin’s Ave., Waterford, and Christopher Cashin (27) of No 104, Hennessy’s Rd., Waterford.
Craig Sullivan and Jack Cleary are also charged with assaulting David Regan and Aaron Butler causing them harm and producing articles capable of intimidating another during a fight or dispute. Sullivan is further charged with causing criminal damage to a black Ford Fiesta car on February 28th, 2015.
Describing the events Noel Whelan, BL., for the DPP, said the prosecution alleged Craig Sullivan caused criminal damage to the car with a wheelbrace at Larchville. Shortly afterwards in another part of the estate Aaron Butler and David Regan were set upon.
It was alleged that Craig Sullivan assaulted Aaron Butler and David Regan and produced a bill hook. Jack Cleary was accused of assaulting Aaron Butler and producing a lump hammer.
In evidence, Imelda O’Callaghan of No 224, Larchville, said she was woken by her son Justin, who shouted from the bedroom window at a person who was damaging her black Ford Fiesta car which was parked outside the house.
The court was told by Justin O’Callaghan that he heard glass being smashed and looked out the window and saw Craig Sullivan damaging his mother’s car.
There was a lot of shouting and screaming on the street and he got dressed and went down and saw Craig Sullivan running away with a wheel brace in his hand.
In cross-examination by Barrister Conor Roberts, for Craig Sullivan, it was put to the witness that he had previous criminal convictions in the Circuit Criminal Court for causing criminal damage. In reply he said: “I didn’t do it – the Jury got it wrong”.
The witness refused to answer questioned in respect of his past record and said:” I will not answer questions that do not relate to this trial”.
Another witness Aaron Butler said he went with Dave Regan to the Manor of St John to see if the Gardaí had arrested the culprits responsible for the criminal damage to the car.
When they reached Craig Sullivan’s house about 10 people ran out wielding weapons which included bill hooks, hammers and machetes.
“I ran for my life followed by Craig Sullivan and Jack Cleary”, he told the Jury. “I got a bang of a bill hook on the back. I was injured when I raised my arm to protect my head from a blow of the bill hook.”
“While I was on the ground the pair of them kicked me in the face and body before a passing neighbour pulled up in a car and shouted ‘stop it, you’ll kill him’”, he added.
The neighbour drove him back to his home and he had to receive 15 stitches in hospital for an injury to his upper arm and back.
In reply to questions, Aaron Butler denied there was a vendetta against Craig Sullivan and said he did not go to the Manor of St.John to cause trouble.
After legal argument Judge O’Kelly discharged the Jury and ordered a retrial on April 5th next.
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