{"id":1338267,"date":"2024-06-28T07:33:29","date_gmt":"2024-06-28T06:33:29","guid":{"rendered":"https:\/\/www.agriland.ie\/?p=1338267"},"modified":"2024-06-28T07:33:51","modified_gmt":"2024-06-28T06:33:51","slug":"court-judge-insists-farmer-must-attend-court-in-assault-case","status":"publish","type":"post","link":"https:\/\/lightsail.agriland.ie\/farming-news\/court-judge-insists-farmer-must-attend-court-in-assault-case\/","title":{"rendered":"Court: Judge insists farmer must attend court in assault case"},"content":{"rendered":"\n

By Gordon Deegan<\/em><\/strong><\/p>\n\n\n\n

A judge has told a court that\u00a0a farmer’s new baby will be one month old by the time of the July court and he has to attend court then.<\/p>\n\n\n\n

At Gort District Court this week, Judge Marian O\u2019Leary made her comment after being told that 41-year-old Brian Gill of Cahermore, Kinvara, Co. Galway could not attend court as his partner was undergoing a C-section procedure for the couple\u2019s baby.<\/p>\n\n\n\n

In court in February, Judge O\u2019Leary\u00a0found\u00a0\u2018arch-enemies\u2019 Brian\u00a0Gill\u00a0and 54-year-old Brendan\u00a0Forde both guilty of assault<\/a>\u00a0after hearing conflicting versions of two altercations in the\u00a0Gill\u00a0farmyard on July 1, 2021.<\/p>\n\n\n\n

The altercation involved Gill\u00a0and two members of the Forde family including 83-year-old Michael Forde.<\/p>\n\n\n\n

Assault<\/h2>\n\n\n\n

The court heard previously that Brendan Forde\u00a0arrived without shoes and socks at Brian Gill’s farmyard and told his neighbour while\u00a0putting on his socks \u201cwhen I have my stockings on, I’ll get you\u201d.<\/p>\n\n\n\n

In\u00a0evidence, Brendan\u00a0Forde admitted that he struck\u00a0Gill\u00a0with the iron bar but it was in self-defence and denied making the\u00a0“I\u2019ll get you” threat.\u00a0<\/p>\n\n\n\n

In court this week, acting as agent for Gill’s lawyer, barrister James Fahy said that Gill couldn’t attend as his partner was undergoing a C-section procedure in hospital.<\/p>\n\n\n\n

Adjourning the case to July 25, Judge O’Leary stated: \u201cThe baby will be one month old at that stage so Mr. Gill has to be here on the next date. No further adjournments. Everyone to be here.\u201d<\/p>\n\n\n\n

The case had been adjourned to this week for both Gill and Forde – who was in court – to provide victim impact statements.<\/p>\n\n\n\n

Counsel for Brendan Forde, barrister Aisling Wall told Judge O’Leary that she was only provided with Gill’s victim impact statement in the last 10 minutes \u201cand we would have a number of issues with Mr. Gill’s statement\u201d.<\/p>\n\n\n\n

She said: \u201cMr. Forde\u2019s victim impact statement has already been shared.”<\/p>\n\n\n\n

Judge O\u2019Leary said that it was not acceptable Mr. Gill’s victim impact statement \u201cwas only handed over today\u201d.<\/p>\n\n\n\n

Aisling Wall said: \u201cI anticipate an issue over Mr. Gill’s statement.”<\/p>\n\n\n\n

Judge O\u2019Leary requested that the issue be resolved before the next court otherwise she will require \u201csomeone to go into the box and be cross examined on it\u201d.<\/p>\n\n\n\n

Court decision <\/h2>\n\n\n\n

In court in February, Judge O’Leary said that it\u00a0is clear that the Fordes and Brian\u00a0Gill\u00a0were “once friends and\u00a0neighbours and they are now arch-enemies\u201d.<\/p>\n\n\n\n

Judge\u00a0O\u2019Leary\u00a0found Brendan Forde of\u00a0Caherawoneen, Kinvara, Co. Galway\u00a0guilty of assault causing harm of Brian\u00a0Gill\u00a0after striking him with the iron bar and producing a\u00a0weapon capable of\u00a0inflicting\u00a0serious injury\u00a0contrary to Section 11 of the Firearms and Offensive Weapons Act.<\/p>\n\n\n\n

Judge O\u2019Leary said: \u201cThe use of the iron bar was not in self defence and not proportionate in the circumstances. Brendan Forde is very lucky not to be before a court on more serious charges.\u201d<\/p>\n\n\n\n

Judge\u00a0O\u2019Leary\u00a0said that “by his own admission,\u00a0Brian\u00a0Gill\u00a0punched Brendan Forde in the eye and is guilty of assault\u201d.\u00a0<\/p>\n\n\n