Jury directed to find assault accused not guilty
A jury in the trial of a man and a woman accused of a serious assault in which the victim lost his one remaining eye has been directed to find one of the accused not guilty.
Judge Joseph Matthews told the jury at Dublin Circuit Criminal Court that, following a day of legal argument, he had ruled that Brigid Davis, of no fixed abode and formerly of Alfie Byrne House, Dublin 1 should be found not guilty of the five charges against her.
Along with John Paul Doyle, aged 39, from Ashwood, Hebron Road, she had pleaded not guilty to assault causing harm to John Delaney, recklessly and intentionally causing him harm and recklessly or intentionally engaging in conduct which created a substantial risk of serious harm to him at St Mary’s Terrace, Dorset Street, Dublin 1on June 28, 2002.
He told the jury that such directions by a judge were rare, but he said it was his overriding duty to ensure that justice is done.
The application by counsel for Ms Davis, Ms Patricia Moran SC came on day five of the trial and centred on a remark made by her client in which she said the victim was "on his own".
Judge Matthews said that the prosecution had argued that Ms Davis had participated in the assault by common design. Her remarks were the "signal, the prosecution say, to let loose the dogs of war on John Delaney", he told the jury.
However the judge said he had sided with Ms Moran SC who said that her client’s remarks were open to a benign interpretation.
Ms Davis was discharged from the case in her absence after the jury heard she had been admitted to hospital after falling ill.
The trial is continuing against Mr Doyle.
