Other court stories in brief.
Jury in murder trial to resume
The jury in the trial of a Dublin man accused of murdering another by shooting him in the head at close range will resume its deliberations at the Central Criminal Court today after being sent to a hotel for the night.
Stephen Kelly (22), Balcurris Road, Ballymun, has pleaded not guilty to the murder of Ian McConnell (28) who was shot on the first-floor landing of a block of flats at Shangan Road, north Dublin on December 11th, 2005. Including legal argument, the trial has lasted for 13 days .
Mr Justice Kevin O'Higgins told the jury it had decisions to make in relation to visual identity and the questions and answers that were put to Mr Kelly during his time in Garda custody. He said it also had decisions to make about the alibi evidence heard in the case and he told the jurors: "That's your job."
20-year driving ban criticised
A Circuit Court judge has criticised an error by one of his colleagues in the District Court. Judge Joseph Mathews said a 20-year disqualification from driving imposed on a man who had failed to give gardaí a specimen of his breath was excessive in principle and not correct in law.
Seán McCabe (55), Rush, Co Dublin, had appealed to the Circuit Court against the severity of the sentence. Garda Insp Jeremiah Bergin told Judge Mathews that McCabe had two previous convictions under the Road Traffic Act but had not come to the attention of the Garda since 1999.
Judge Mathews, who heard that McCabe had contested the charge in the District Court, said notwithstanding that the two previous convictions were in 1988 and 1999, the District Court judge had gone for a disqualification period of 20 years.
"I have heard very fair evidence from Insp Bergin that there has been nothing untoward since 1999 and in my view a 20-year disqualification is excessive and not correct," Judge Mathews said.
"I believe a mistake has been made by the judge in the court below and I will reduce the period of disqualification to two years with a fine of €1." Judge Mathews said McCabe could apply for his licence to be restored after a year.
Two given three years for assault
Two Dublin men involved in a violent assault, which left one of their victims in intensive care with a fractured skull, have been given three-year prison sentences and must each pay €17,500 compensation.
James Maher (23), Rathdrum Road, Crumlin, pleaded guilty to assault causing harm to Richard Mahon on February 2nd, 2004, at Bangor Road, Crumlin. Damien McCann (24) Walkinstown Park, pleaded guilty to violent disorder on the same occasion.
Mr Mahon was left unconscious after being attacked by a crowd of drunken thugs. He and his brother, Tomás, lost €3,000 due to being out of work as a result of their injuries.
Judge Patricia Ryan at Dublin Circuit Criminal Court suspended the final year of Maher's and McCann's sentences on conditions.
Seán Gillane, defending McCann, said both men had been at a party earlier in the night during which a considerable amount of drink had been consumed.
Trial of bouncer for assault begins
The trial has begun at Dublin Circuit Criminal Court of a bouncer accused of assaulting two Co Tipperary friends at the bar where he worked in November 2004.
Charlie Dunne (46), Darley Street, Harold's Cross, Dublin, denies assaulting Noel Fitzpatrick and Paul Morgan causing them harm on November 27th, 2004, at Rody Boland's pub in Rathmines.
The trial continues before Judge Patricia Ryan and the jury of six men and six women.