A jury in a trial at the Central Criminal Court in Limerick has become the first in the history of the State to hear statements made to gardaí which directly contradicted evidence given in court.
The statements were heard in the trial of a Limerick man charged in connection with a shooting last year in which a man lost the sight in his left eye.
Shane Mason (24), Seán Houston Place, Limerick, was charged with intentionally or recklessly causing serious harm to David Heighton (28), Colmcille Street, on October 20th, 2004, at St Mary's Park, Limerick.
Mr Mason was also charged with having on the same date, a double-barrel sawn-off shotgun in his possession with intent to endanger life.
A jury at the Circuit Criminal Court in Limerick yesterday found Mr Mason, who denied both of the charges, not guilty on all counts.
During the trial before Judge Carroll Moran, the jury was allowed to hear details of two separate statements made by Mr Heighton to gardaí in which he identified Mr Mason as the person who allegedly shot him.
The statements were allowed to be entered into evidence following a change in the law last year, under section 16 of the Offences Against the State Act 2006.
When called to give evidence, Mr Heighton described how he lost the sight in his left eye and part of his ear, after a gunman shot him in the back of the head.
The court heard how Mr Heighton had some 60 pellets removed from the side of his head and had to undergo reconstructive surgery to his face after the shooting.
In his direct evidence to the court, Mr Heighton said he thought at the time that Mr Mason was the person who had shot him, but that he was now "no longer sure".
During cross-examination by counsel for the defence Brendan Nix SC, Mr Heighton said the person who shot him was not in court.
In his closing speech yesterday, Mr Nix said the jury was forced to rely on statements, which were not sworn testimony and which the victim had contradicted in his direct evidence to the court.
After just under an hour of deliberations, the jury of nine men and three women returned a unanimous verdict of not guilty on both of the charges.