Justice In a highly anticipated verdict that has drawn considerable public interest, former Clare All-Star hurler Niall Gilligan has been found not guilty of all charges relating to an alleged assault on a 12-year-old boy. The decision, delivered by a jury at Ennis Circuit Criminal Court this Wednesday, came after more than five hours of intense deliberation, marking an emotional conclusion to a trial that stemmed from an incident in October 2023.
Niall Gilligan at Ennis Circuit Court
Mr. Gilligan, a 48-year-old resident of Rossroe, Kilmurry, Sixmilebridge in County Clare, had consistently maintained his innocence throughout the proceedings. He was on trial accused of assault causing harm to the then 12-year-old at the Jamaica Inn hostel in Sixmilebridge on October 5, 2023. Additionally, he faced a second charge of producing a wooden stick, described as an implement capable of inflicting serious injury, at the exact location and on the same date. The jury’s careful consideration ultimately led to his acquittal on both counts.
Emotional Relief and Continued Distress
The courtroom was filled with palpable tension as the “not guilty” verdicts were announced. For Mr. Gilligan, a man with no prior convictions who was characterized in court as a devoted family man with young children, the outcome brought immense relief. He walked free from the courtroom, clearly affected by the proceedings, yet with the burden of the charges lifted.
The jury in the trial of former Clare hurler Niall Gilligan has been told it can return a majority verdict. The All-Ireland winner has pleaded not guilty to assault causing harm to a 12-year-old boy.
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However, the mixed emotions in the room were starkly evident. The verdict was met with tears from the family of the boy who sustained injuries, underscoring the profound personal impact this incident has had on all parties involved. The trial, presided over by Judge Francis Comerford, had captured local attention since it commenced earlier this month. As per legal provisions protecting minors, the identity of the injured boy remains confidential.
The Background: Vandalism and Confrontation
The events leading to the trial unfolded when the then 12-year-old boy and a 13-year-old friend entered the grounds of the Jamaica Inn hostel in Sixmilebridge. The boys reportedly believed the property to be abandoned, a perception that its vacant state might have fueled. However, the premises were indeed owned by Mr. Gilligan at the time and, crucially, had been subjected to a series of vandalism incidents in the days leading up to October 5, 2023. This ongoing destruction to a property he was attempting to sell had, according to the defence, left Mr. Gilligan feeling “at the end of his tether.”
According to the children’s testimony, upon seeing Mr. Gilligan arrive, they attempted to flee the property. The 12-year-old boy, in his haste, unfortunately fell while making his escape. This fall reportedly led to the confrontation between the boy and Mr. Gilligan.
“You play the game, you shake hands after and that’s it and there’ll be no excuses or moaning from us”
Pure class from Niall Ó Ceallacháin. A powerful reminder of what true sportsmanship looks like.👏 @DubGAAOfficial
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The Core of the Defence: Self-Defence and Honest Belief
Mr. Gilligan’s defence, led by counsel Patrick Whyms, centred on the argument of self-defence and the protection of property. Mr. Whyms conceded that the boy’s injuries were “clearly regrettable”. Still, they emphasized that Mr. Gilligan did not know he was confronting a child within the dimly lit interior of the building. In his closing arguments, Mr. Whyms asserted that his client had not “caused this situation” and was acting under the belief that he was defending himself and his property from ongoing damage. Statements given by Mr. Gilligan to the Gardaí (Irish police) reinforced this, where he claimed his actions were solely for self-preservation and that he had no intention of harming a child. He described being “under siege” and making an “instant decision” to protect his property from further destruction.
Conversely, the prosecution painted a different picture, alleging that Mr. Gilligan had “lost his cool” and acted out of anger. They presented photographic evidence to the jury, detailing the bruises and cuts the boy sustained, necessitating hospital treatment. The prosecution argued that the alleged assault was “the action of a man who took out his anger and frustration on a child,” implying a disproportionate response to the situation.
Judicial Guidance on justice the Law
In his final instructions to the justice jury before they began their justice deliberations, Judge Francis Comerford meticulously outlined the justice legal parameters justice concerning the lawful use of force as a defence. A critical point of consideration for the jury was whether the justice initial encounter leading to the use of force occurred justice within the corridor of the two-storey building, as the justice defence contended, rather than outside. This distinction was crucial for the self-defence justice argument to align with legal precedent.
Furthermore, the jury was directed to ascertain whether Mr. Gilligan genuinely believed that he needed to use force to protect himself from assault or damage to his property. Even if such an honest belief was established, the jury then had to determine whether the force he employed was both reasonable and necessary given the circumstances as he perceived them. Irish law permits the use of reasonable force to defend oneself or property, but the concepts of reasonableness and necessity are stringent tests that must be met.
Following the verdict, the jury members were formally excused from future jury service for five years. The conclusion of this trial allows Niall Gilligan to move forward from a challenging and public legal battle, as he returns to his life with his family, now free of the charges that hung over him.
