A man accused of stabbing a father of four during a 21st birthday party held at a Garda Club walked free yesterday after the case against him collapsed at Limerick Circuit Court.
Kevin Sheehy (34), Ash Avenue, John Carew Park, Limerick, was accused of assault causing serious harm to Liam Kelly (39), at the Garda Club on Sexton Street in Limerick on October 4th, 2003.
The case against Mr Sheehy, who denied the charge, collapsed yesterday after key witnesses failed to stand over statements made to gardaí in which they had identified him as the attacker.
Judge Seán Ó Donnobháin directed the jury to find the accused man not guilty "in view of what had happened".
After dismissing the jury, but before leaving the court room, Judge Ó Donnobháin said he hoped the "bible hadn't taken fire".
Outlining the State's case against the accused, John O'Sullivan told the jury that Kevin Sheehy slashed Mr Kelly a number of times with a Stanley knife, injuring him in the eyes, hands, the back of the head and chest areas.
Mr O'Sullivan said the injured party was sitting near the dance floor with his brother and girlfriend when the accused, who was dancing close to them, produced the Stanley knife in an "unprovoked attack".
The court heard that the men were attending a 21st birthday party which was held at the Garda Club but which was not connected to An Garda Síochána.
Medical evidence was heard that Mr Kelly was taken by ambulance from the Garda Club to the Mid Western Regional Hospital where he received several stitches for his various injuries, including 12 staples for a 15cm laceration he sustained to the back of his head.
John O'Sullivan, counsel for the State, said Liam Kelly had identified Kevin Sheehy as his attacker in a witness statement given to gardaí on the day after the attack.
However, almost two years later, on September 9th last, Mr Kelly told gardaí that he wished to retract his earlier statement because of "hassle he was getting", the court heard.
When called to give evidence yesterday, Liam Kelly said he believed the name of the man who attacked him was Kevin Sheehy but said he couldn't see this person in court.
Another State witness, Malcolm Kelly, also failed to identify Mr Sheehy as the man who carried out the attack when called to give evidence yesterday.
A brother of the injured party, Malcolm Kelly told the court that he might have "exaggerated" when he told gardaí in a witness statement that he had seen Kevin Sheehy slash his brother with a Stanley knife.
"I said it but I could have exaggerated it a bit," Mr Kelly told the court.