A CIRCUIT COURT judge cited “a personal conflict” as the reason for his adjournment of an appeal hearing yesterday involving three north Mayo fishermen convicted of assault at a Corrib gas protest.
Judge Rory McCabe told Castlebar court that due to this “conflict” he would not be able to hear the case and adjourned the hearing until next September when another judge will preside.
The appellants – Patrick O’Donnell (49), Porturlin Shore, Ballina, his son, Jonathan (21), of the same address and Enda Carey (21), Porturlin, Ballina – were all convicted of assault and sentenced to a three-month prison term by Judge Mary Devins at Belmullet District court on July 11th last. They denied all charges.
The alleged assault, during which Sgt Donal Glennon of Strokestown Garda station sustained a broken thumb, happened during a protest near the site of the Corrib gas refinery, at Bellanaboy, on October 12th, 2006.
During the original two-day hearing the court was told that the defendants had formed a scrum and pushed Sgt Glennon into a three-foot deep drain of bogwater.
The court was also told that he was back-flipped and hit in the midriff.
At the same court, Jonathan O’Donnell was also found guilty of assaulting Garda Barry Byrne on the same date and sentenced to a one-month prison term to be served consecutively.
Counsel for the accused, Alan Gannon, urged Judge Devins not to impose a custodial sentence since the men were all of good character and were not at a risk of reoffending.
Mr Gannon observed that Pat O’Donnell – known locally as “The Chief” – was renowned for his community work in the area and for his pivotal involvement in sea rescues.
Fifteen Garda witnesses attended yesterday’s adjourned case, as well as a group from the international watchdog, the Global Community Monitor.