Mark O’Donnell enjoys a cigarette break during a break in proceedings. Copyright NorthwestNewsPix
A MAN accused of assault causing harm during an alleged incident more than six years ago has been found not guilty by the direction of a judge after the alleged victim refused to testify.
Mark O’Donnell, who is 38 and from Gaddyduff, Clonmany, appeared at Letterkenny Circuit Court after pleading not guilty to attacking a man in Carndonagh on November 15, 2009.
A jury was sworn in for the trial which was expected to last a day.
But instead the case was dramatically stopped – and started – and stopped again after the alleged victim told the jury he didn’t want the case to go ahead.
Conor O’Neill, from Clonmany, Co Donegal, had just sat down to give evidence from the stand when he told the jury: “I don’t want this case to go ahead. I have no problem with this man anymore. I told them (the prosecution) this outside, that I want it ended.”
Mr O’Donnell was alleged to have hit Mr O’Neill so hard he had left marks on his back which were later photographed.
The jury was sent out whilst legal arguments began and returned to hear DPP barrister Patricia McLaughlin, prosecuting, proceed to ask Mr O’Neill about the alleged assault.
On 12 occasions Mr O’Neill told the court that he couldn’t remember the incident.
Damian Crawford, barrister for Mr O’Donnell instructed by solicitor Frank Dorrian, applied for the case to be dismissed, whilst Ms McMcLaughlin applied for the case to continue.
Judge John O’Hagan said he was “suspicious” about the motives for Mr O’Neill not remembering the incident.
“It is incumbent on anyone making allegations to the gardai that they follow it through unless of course they are making untruthful allegations,” said the judge.
“A citizen who goes to the gardai is not picking from an a la carte menu. People who make complaints to the gardai must follow them up.
However, he said, due to inconsistencies in statements he said it was “in the interests of justice” to withdraw the case against Mr O’Donnell.
He directed the jury to find Mr O’Donnell not guilty of the charge and dismissed the case.
Colin O’Neill left court with relatives after the case. NorthWestNewsPix
