A District Court judge in Tralee said he found it "very difficult" to understand why charges, including assault, had been brought against a Kerry senior footballer.
Judge James O'Connor said yesterday the evidence showed it was the footballer who had sustained injuries in late-night incidents outside a nightclub on Killarney's Main Street. He dismissed all charges against him.
All Star and man of the match in last year's All-Ireland final, Aidan O'Mahony (26), Mounthorgan, Rathmore, has been suspended from his studies at the Garda college in the 13 months since the charges, which included two breaches of the peace, were brought. He had denied them.
Judge O'Connor said the evidence against Mr O'Mahony, "if it could be called evidence", lacked cohesion and credibility and it did not stand up to cross-examination. "I have a feeling that if it was Seán Citizen or Sheila Citizen, there would be no prosecution and we would not be here at all today," the judge said.
Mr O'Mahony was charged with assaulting Damien Casey and with obstructing Garda Edmund Walsh. There were two other charges relating to threatening, abusive or insulting words or behaviour in breach of the peace. The case, which took more than three hours and heard from 10 witnesses, including gardaí and a number of doormen or bouncers, was held in Killarney District Court on Tuesday. Video clips from security cameras on the stairwell of Mustang Sally's nightclub and the street outside were also shown.
Evidence was given that up to five doormen or bouncers were at one time on top of Mr O'Mahony on the street, that he had suffered injuries to the head and face and was dazed and confused after his head was hit off the pavement and walloped off a wall. The court also heard he had got out of the back of a Garda patrol car, but that he had not been under arrest.
Mr Casey, who gave evidence, made no allegation of assault against Mr O'Mahony and gardaí gave no evidence of obstruction.
Judge O'Connor had adjourned his decision to Tralee District Court yesterday. He said he had studied 21 pages of evidence overnight, as well as legislation submitted by defence solicitor Pádraig O'Connell, who submitted there was "no case" to answer.
The State, the judge said, should "very carefully look at the facts" when bringing cases, especially when charges carried custodial sentences. The more serious charges against Mr O'Mahony, of a Section 2 assault and obstruction of a garda, each carried six months' imprisonment, while public order offences carried three months.
It was clear from the evidence of the principal witnesses, the doormen, in the assault charge, that there was no contact made by Mr O'Mahony with anyone.
The only evidence was that there had been a swinging action by him and he did not believe there had been a headlock. "There's not a shred of evidence to convict him of Section 2 assault or of any type of assault."
Judge O'Connor said that Mr O'Mahony began to question the bouncers and they took exception to his attitude. Three, four or five bouncers gathered around him "and forced him to the ground". It was not a crime to question bouncers, he said.
"It was a complete overreaction on the part of the bouncers. It seems to me the bouncers completely overreacted and joined in consort against him." He dismissed all charges. "For the life of me, I don't know why a Section 19 charge [ obstructing a garda] was brought. There's not a shred of evidence to support it."
The State had not established the evidence needed to convict on any of the charges - in fact, the evidence would not stand up even in a civil case, the judge said. "The evidence points to the fact it was the defendant himself who sustained injuries on two occasions."
Mr O'Mahony had been pinned against a wall and while on a footpath had received a gash to the back of his head. "It is obvious he was not the aggressor in these circumstances. I find it very difficult to understand why these charges have been brought at all."
Any reasonable examination would lead anyone to see they could not succeed, he added. The defendant had done "nothing legally or morally wrong", he had no criminal intent and broke no standard of behaviour, he said.