This article is from page 13 of the 2006-05-16 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 13 JPG
AN INAGH man accused of threatening to kill or harm a man, and of recklessly discharging a shotgun, has been acquitted by a jury at Ennis Circuit Court.
Brian Barry (53), of Ballyea, Inagh, was also accused of assaulting Patrick Nilan, causing him harm.
He had denied all charges, which arose out of an incident outside Purcell’s bar in Ruan, on January 8, 2005.
Mr Nilan, a farmer in Ruan, told the court he was in the bar on the night on January 7, where he met a number of people including Brian Meaney and Gavin and Derek Barry, who are both sons of the accused man.
He said he left after 2am and chatted to Mr Meaney in the pub carpark. They discussed going elsewhere for a drink and Mr Meaney asked the Barry brothers if they wished to join them.
Mr Nilan said Gavin Barry had said he had rang someone.
“I presumed it was somebody that was going to join us,” said Mr Nilan.
He said some time after, a car drove into the carpark and a man – who he now knows to be Brian Barry – jumped out, carrying a gun.
“He waved the gun towards me and said not to be holding his sons at ransom. I put my hands out and said, ‘What is going on?’ He said ‘I’ll tell you what is going on’ and fired a shot towards my feet. Next thing I got a belt of the gun above the eye,” Mr Nilan told the court.
He said he did not know what was the motive for this.
Defending barrister Michael Collins said Gavin Barry had phoned his father to say that they were in trouble and that he feared for his brother’s safety. As a result, Brian Barry drove from his home in Inagh to Ruan.
The barrister said when the accused got out of the car at first, he had no gun, and that Mr Nilan laughed at him.
“Mr Barry went back to the car and got the gun and he loaded it and you still approached him laughing,” said Mr Collins. Mr Nilan denied this.
Mr Collins said the accused had the gun pointed downwards at all times and said he was using the gun to frighten Mr Nilan off.
“He hit you into the side of the head with the barrel to get you to stand off,” said the barrister.
Brian Meaney, who lives in Ruan, told the court the accused pointed the gun at him and told him to stay in the jeep. Mr Meaney said he then heard a shot and got out of the jeep.
“He (the accused) said, ‘I’ll blow your head off’,” he told the court.
Mr Collins said his client told Mr Meaney to stay in the jeep, but that he did not point the gun at him.
“He didn’t point the gun at anyone,” said the barrister.
Mr Collins said there were “gaping holes” in the prosecution.
“This prosecution has raised more questions that Chris Tarrant in Who Wants To Be a Millionaire? ” he said.
The jury returned a verdict of not guilty on all three charges, on the second day of the trial.