Judgement reserved in Mc Nulty case at Ballyshannon District Court

Ballyshannon Garda Station

A judge has reserved his decision in a case in which a former town councillor is accused of assaulting a garda, and her husband and son face public order charges.

Judge Paul Kelly heard final submissions at a special sitting of Ballyshannon District Court in a hearing in which former Bundoran town councillor Florence McNulty is accused of assaulting Garda Helen Munnelly outside Bundoran council offices on February 10, 2014.

Her son Joseph McNulty, 34, of Doran Close, Bundoran, and her husband Thomas McNulty, 57, of Main Street, Bundoran, have denied abusive or insulting behaviour on the same date.

During the submissions the judge viewed eight minutes of video.

Defence counsel Johnnie McCoy submitted there was a vital one point five seconds of video evidence to be considered by the court.

He said in that time it was argued by the prosecution that Florence McNulty was able to move over and strike Gda Munnelly three times in the face and the Garda was then able to stand on her feet and intervene in another related matter.

Mr McCoy said that in the video it was another person Christine Sheridan, Ms McNulty’s sister, who had her arms around the garda who was on her knees trying to put cuffs on Joe McNulty on the ground.

Defence evidence at an earlier hearing claimed Ms Sheridan was attempting to make a citizen’s arrest of Gda Munnelly.

During today’s submissions, prosecuting Supt Colm Nevin said two gardai identified in very strong evidence Florence McNulty assaulting Gda Helen Munnelly and CCTV evidence showed roaring and shouting and interference with gardai.

He said there was a break in the video produced by Patricia McCafferty and he couldn’t say if it was edited.

Judge Kelly said he had considerable material to review and he adjourned his decision to March 24.

The case heard no evidence from 81 year old Cllr Sean McEniff, who is in hospital in Sligo.

The defence wanted him in the witness box, claiming his evidence was vital, but they refused a statement he made to gardai.

Judge Kelly accepted medical evidence that Mr McEniff would never be able to give evidence to standards required by a court of law.