By Gordon Deegan
A medical professional is to be sent forward for trial to the circuit court in relation to the alleged assault on his younger brother in a Co. Clare farm yard.
At Ennis District Court, Sgt. Aiden Lonergan told Judge Mary Larkin that the Director of Public Prosecutions (DPP) has directed that the case against 39-year-old Conor O’Halloran is to proceed on indictment to the circuit court.
A book of evidence will be prepared in the case where Conor O’Halloran is charged with the assault causing harm of his brother, 35-year-old Daniel O’Halloran.
Any person convicted of such an offence in the circuit court can face a fine and/or a prison term up to five years.
The court heard previously that Daniel O’Halloran, who is a farmer, was left with a “large piece” of his ear missing after the alleged farm yard altercation with his brother at Liscullane, Tulla, Co Clare on May 5, 2021.
Solicitor for Conor O’Halloran, Edel Ryan told Judge Larkin that there would be an application for legal aid as her client was being sent forward for trial to the circuit court.
Judge Larkin said that “it is a serious matter” before the court and granted legal aid after hearing that Gardaí had no objection.
In court last November, Judge Alec Gabbett declined district court jurisdiction after viewing colour photographs of Daniel O’Halloran’s left ear in the aftermath of the alleged assault.
During that hearing, Sgt. Lonergan told Judge Gabbett that the medical report outlined that there was “a noticeable piece” of the left ear missing.
He stated that Conor O’Halloran of Rosebank, Old Bawn, Tallaght, Dublin 24 is a Dublin-based medical professional and is married with two children. Daniel O’Halloran resides at the Liscullane farm with his wife and son.
Alleged farm assault
Sgt Lonergan stated previously that the brothers “are in disagreement due to tensions over land owned by Conor O’Halloran and farmed by Daniel O’Halloran and a suggestion on how an area of forested land should be used and owned”.
It is alleged that on May 5, last year, that Daniel O’Halloran saw Conor O’Halloran at the farm “in what could be described as a rage”.
Sgt Lonergan outlined that an altercation ensued with both men tumbling and tussling on the ground where it will be alleged that Conor O’Halloran bit the top of the alleged injured party’s ear.
He said that in a prepared statement given to gardaí last July, Conor O’Halloran alleged that he was being choked by his brother, Daniel during the incident.
Daniel O’Halloran was brought to University Hospital Limerick for treatment.
Prior to Judge Gabbett declining the district court jurisdiction in the case, the DPP had recommended that the case be heard in the district court.
This was due to the injury, incident, character of both parties and bringing the matter to a quick conclusion and that the sentencing powers available to the district court would be able to deal with the case.
Judge Larkin adjourned the case to March 16, next, for the preparation of the book of evidence.