An investigating garda has admitted there is no shred of independent evidence in the case of a Tralee man accused of striking another man in the eye with a hammer.
37-year-old Malcolm Kelly of St Joseph’s Estate, Spa Road, Tralee, stands trial on one count of assault causing harm to a man in January 2018.
The alleged assault took place on the River Lee walkway behind the Aqua Dome, after the complainant turned up to buy drugs.
The complainant, Colm Buckley, gave evidence that he was addicted to heroin and methadone at the time, and had turned up at the walkway after arranging to buy heroin on the morning in question.
Mr Buckley said he met the brother of the accused at about 11/11:30am at this location, and as they talked, the brother shouted to the accused Malcolm Kelly that the complainant had stolen €20 off him.
Mr Buckley told the court that as he turned around, the accused struck him with a hammer on the top of the head, and again in the face.
Mr Buckley told the court that he had €50 still in his hand when he got to the hospital having not bought the heroin, and the note was soaked in his blood.
He gave evidence that he was told for two days he would lose his right eye, and medical evidence spoke of a seriously injured eye.
His vision out of his right eye has since recovered and he also received plastic surgery around the wound.
The investigating garda in the case, Niall O’Connor, also gave evidence, and said he is currently not working as a garda.
Under cross examination from defence barrister Katie O’Connell, he agreed that gardaí never located a hammer, and there was no CCTV evidence, nor corroborating witnesses to back up the prosecution’s case.
Mr O’Connor agreed he did not take statements from other individuals identified by the parties involved, and there was no forensic analysis provided as evidence.
Ms O’Connell put it to him that there was no shred of evidence in this case independent of what the complainant says, which Mr O’Connor agreed with.
Ms O’Connell claimed gardaí did not investigate this incident properly, and Mr O’Connor’s answers and his vague recollection were not good enough.
The trial will continue before Judge Sinéad Behan this morning.
