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DPP to decide on em U Ele CO) irekercreLOie

This article is from page 19 of the 2007-10-30 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 19 JPG

A JURY failed to reach a decision in a trial of a Kilrush man accused of push- ing a woman down the stairs at her place of work, after the defence raised an issue over the identity parade.

Patrick Hall (21), of Beech Park, Kil- rush, had denied assaulting Bernadette Adams, causing her harm, at Leahy’s accountancy office, Francis Street, Kilrush, on April 6, 2006.

Mr Hall was found not guilty by the jury of stealing her mobile phone on Wd eLomcy eH OOLemOk-I Kor

Ms Adams told Ennis Circuit Court that she was shocked to see two young men “with hoods” walking out of her office.

‘I asked them what were they doing there. I knew they weren’t there for the good of their health. I said “If you have taken something, can you please give it back’,” she said.

She said one of the assailants was small with red hair and freckles. She knew him to see from being in the shop previously.

She said she tried to push one of the men back into the office and he started to push her back.

“The two of them pushed me down the stairs. I hit my head at the bottom of the stairs. They ran off and left me. I could have been dead,” she said.

She sustained a bump to the side of the headand was treated in hospital

and later made a recovery. When she returned to her office, Ms Adams no- ticed that her mobile phone was miss- ing. The following day she _ identified Patrick Hall in an identity parade at Kilrush Garda Station.

Mr Hall’s barrister, Mark Nicholas, put it to the witness that she was mis- taken in her identification.

She replied, “I’m very happy with my identification. For months afterwards I could see his face”.

Mr Nicholas pointed out that another red-haired man, Michael Sweeney (19), of Wood Road, Kilrush, was ar- rested in connection with this incident. He pleaded guilty to a charge of as- sault and his case would be finalised at a later stage.

Mr Nicholas stressed that only two of the 10 men in the identity parade were red-haired while one had sandy hair, after Ms Adams had said the as- sailant had red hair.

‘This case against my client revolves only on the identification parade. You put six brown heads in to identify a red haired man,” he said.

Garda Donal Corkery said he inter- viewed the accused, who had denied going into the office and denied push- ing Ms Adams down the stairs.

After deliberating for over three hours, the jury indicated that it was unable to reach a verdict. Mr Hall was remanded on continuing bail. The DPP will decide if a retrial will take place.

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