Reluctant witness delays Senator Brian O’Domhnaill assault case

The book of evidence is ready to be served on two men accused of assault causing harm to Senator Brian O’Domhnaill.

But Dungloe Court was told today that there are background negotiations involving a reluctant witness.

Garda Inspector Dennis Joyce held up the book and said he had it ready to serve on Cathal O’Donovan and Jim Sharkey. Neither defendant was in court. One lives in New York, the other lives outside London.

A defence solicitor said their presence was excused at an earlier court pending some directions from the Director of Public Prosecutions.

Paudge Dorrian, solicitor for 42-year-old O’Donovan, said his client could be available any time to have the book of evidence served. Mr Dorrian said: “There were certain negotiations going on. There may be a reluctant witness.”

Declan McHugh, solicitor for 43-year-old Sharkey, said his client would be able to come back to have the book served.

Judge Paul Kelly said he was extending the period of time for service of the book on both defendants. He adjourned the case to May 8

When the book of evidence is served the case will go before the Circuit Court after Judge Kelly refused jurisdiction to have it heard in his District Court when the prosecution claimed at an earlier hearing that the victim received eight stitches after he was kicked in the head..

Jim Sharkey, with an address at Bayside, New York, and O’Donovan, with an address at New Eltham, London, are accused of assaulting Senator O Domhnaill and causing him harm at Meenacuing, Gweedore, on August 22, 2010.

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