A jury was directed by a Circuit Court judge yesterday to return a verdict of not guilty on a man charged with mugging a jogger, following legal arguments that the statement he gave to the Garda was not admissible.
Mr Trevor Fitzgerald (21), of North Cross Lane, Youghal, Co Cork pleaded not guilty of robbing Mr Martin Colbert as he jogged along Youghal strand at 10.20 p.m. on March 18th, 2002.
In his opening statement the prosecuting barrister told the jury that three days after the incident the accused went to Youghal Garda station and voluntarily made a statement about the mugging.
Dete Garda Ray Coughlan gave evidence that the accused willingly entered the station, gave the statement of his own free will and that he knew he was free to leave at any time. However, following legal argument concerning the admissibility of the statement, Judge Sean O'Donnabhain directed the jury to return a verdict of not guilty.
The injured party told the court that during the mugging his arm had snapped in two places and that he had to wear a cast for nine weeks as well as take painkillers. He said the muggers took €68 and his bankcard before fleeing the scene.