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GAA HERO CLEARED; Judge slams 'evidence' of assault and throws out case against Kerry star.


Byline: By JIMMY CUNNINGHAM

A TOP GAA star was yesterday cleared of assaulting a man outside a nightclub.

Kerry footballer Aidan O'Mahony Aidan O'Mahony is an Irish Gaelic footballer who plays for Kerry. O'Mahony is a Garda Síochána. Football career
Aidan made his debut for the Kerry senior football team in 2004. Aidan was on the starting team on the 2004, All-Ireland winning team against Mayo.
 had denied attacking Damien Casey at Main Street, Killarney, on January 2 last year.

Mr O'Mahony, 26, who was man of the match in last year's All-Ireland Final, had been suspended from his studies at the Garda College for the last 12 months over the allegations.

But a judge said he should never have been charged because there was not enough evidence against him.

Judge James O'Connor added the evidence against Mr O'Mahony lacked cohesion and credibility, adding "If it could be called evidence".

He said: "I have a feeling that if it was Sean Citizen or Sheila Citizen there would be no prosecution and we would not be here at all today."

Killarney District Court heard from up to 10 witnesses including a number of doormen and gardai.

Footage was also shown from security cameras from the stairwell stair·well  
n.
A vertical shaft around which a staircase has been built.


stairwell
Noun

a vertical shaft in a building that contains a staircase

Noun 1.
 of Mustang mustang [Sp. mesteño=a stray], small feral horse of the W United States. Mustangs are descended from escaped Native American horses, which in turn were descended from horses of North African blood, brought to the New World by the Spanish c.1500.  Sally's nightclub and the street outside.

The court heard Mr O'Mahony suffered injuries to his head and face and was dazed and confused after five bouncers ended up on top of him.

Damien Casey made no allegation of assault against Mr O'Mahony and gardai gave no evidence of obstruction.

The judge said there was "no case" to answer and the state should "very carefully look at the facts".

He added: "The evidence points to the fact it was the defendant himself who sustained injuries on two occasions," Mr O'Mahony's solicitor said his client was extremely pleased with the outcome.

He added: "He has experienced a very difficult time and sees the judgment of Judge O'Connor as a total exoneration The removal of a burden, charge, responsibility, duty, or blame imposed by law. The right of a party who is secondarily liable for a debt, such as a surety, to be reimbursed by the party with primary liability for payment of an obligation that should have been paid by the first party.  of his conduct on the occasion in question."

Senior gardai in Kerry were expected to study the judge's comments closely.

A spokesman for the DPP's office said it was not its policy to comment on individual cases.

news@irishmirror.ie

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Publication:The Mirror (London, England)
Date:Feb 22, 2007
Words:327
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