The Court of Criminal Appeal has overturned the conviction and 10-year sentence imposed on a Limerick man for causing grievous bodily harm. The three-judge court ordered a new trial.
Mr Raymond McNamara (29), Hartigan's Villas, Moyross, was convicted by a jury at Dublin Circuit Criminal Court in December 1995, of causing grievous bodily harm to Ms Mary McCarthy, with intent to maim, disfigure or disable her, in Limerick on September 15-16th, 1994.
Ms McCarthy had stated that a row broke out outside a bar between her brothers and members of the McNamara family. At least three people were attacking her brother, who was drunk, and she asked the defendant to intervene to stop the fight. She said McNamara just turned and hit her on the face with his fist a few times. She fell to the ground and he kicked her. She lost the sight of one eye.
Giving judgment, Mr Justice Lynch said the main and only ground of appeal was that the trial judge had not given the appropriate warning as to the visual identification of McNamara.
The court concluded that the conviction must be regarded as unsafe and unsatisfactory and for that reason it would set it aside. It added that there should be a new trial.