By Gordon Deegan
A judge has dismissed a mart assault charge against an east Clare based beef farmer, who is the son of Co. Limerick’s Euromillions winner, Dolores McNamara.
At Ennis District Court, Judge Mary Larkin dismissed the assault charge against Gary McNamara following an application by his solicitor Daragh Hassett.
Hassett made the application after the complainant in the case, Bernard Earley failed to show up to court last month for a scheduled hearing of the contested assault case.
Judge Larkin stated that she was dismissing the matter after Earley had not been able to provide medical evidence to the court explaining why he was not able to attend last month.
Earley was given more than two weeks to provide medical evidence as to why he was unable to attend court. Dismissing the case, Judge Larkin described Earley as “a reluctant witness”.
The court was told previously that Earley could not attend due to a medical issue concerning a close family relative.
In court, Sergeant Aiden Lonergan told Judge Larkin “the state has sought confirmation of the position as we had outlined to the court. The state has been more than engaging with him”.
In the now dismissed case, Gary McNamara (43) of Ruan Manor, Ruan, Castleconnell, Co Limerick had denied the minor assault charge on Bernard Earley at Ennis Mart on August 17, 2021.
In his initial application to have the case dismissed last month, Hassett told Judge Larkin that he and his client “have a certain view of the alleged injured party in this case in relation to his motives”.
He added that after the last call over of cases in September, the case was reported in the media and that after this, Early received a phone call in his office from his locality “asking for a phone call back from me to discuss the case”.
Hassett said that he thought this was “improper”, and also said that the CCTV evidence shows that “nothing happens” and that it was very helpful to his client’s defence.
A native of Co. Limerick, McNamara farms a substantial landholding in east Co. Clare, and in 2016 secured planning permission from Clare County Council for animal housing, feed and slurry storage facilities at Islandcosgry, Ogonnelloe, Killaloe..
McNamara’s family connection to Dolores, who won a then record €115 million EuroMillions jackpot in August 2005, was not referred to during the brief hearing into the case.