Three of the nine people who had faced charges relating to a fracas which preceded the death of a Swedish street trader, Lars Forsmark, in July 2003, had all charges against them withdrawn at Wexford Circuit Criminal Court yesterday after
Mr Forsmark died in Wexford General Hospital early on the morning of July 20th, 2003, following a row in Wickham's Pub, Mary Street, New Ross.
The owners of the pub, Seán Wickham and his wife, Noeleen, originally faced charges of endangerment and intent to pervert the course of justice.
However, Judge Patrick McCartan said yesterday that insufficient evidence had been produced in court to substantiate the charges against each of them, and he directed the jury to return verdicts of not guilty.
Judge McCartan also directed the jury to return a not-guilty verdict in respect of two charges against another of the nine co-defendants, Jonathon Bolger. He had faced charges of endangerment and violent disorder.
The judge told the jury that a number of witnesses could not say that Mr Bolger had played a role in the row.
A charge of assisting offenders brought against Ms Sinead Kane was also dropped.
Judge McCartan told the jury that she had made a phone call to Ms Jennifer McGarr in the days following the fracas. However, he said there was no evidence that the phone call had been made with intent to impede the prosecution of persons known to have committed an offence.
"She did ask Ms McGarr what she said to the gardaí and told her 'You got us into trouble'," Judge McCartan told the jury. However, he added that there was nothing [produced] to say that she intended to impede the prosecution of a person.
Judge McCartan then informed the jury that a charge of endangerment - against the six remaining defendants - was also being withdrawn, and he directed the jury to return a verdict of not guilty.
He said that there was not adequate evidence to say that the defendants had acted together or that they had engaged in behaviour of a reckless nature which had resulted in the life of Lars Forsmark being put in danger.
"The evidence doesn't meet that of the charge," Judge McCartan said.
Regarding a charge of reckless endangerment against another of those accused, Raymond Kelly, Judge McCartan said: "There was not sufficient evidence to prove that charge."
He then informed the jury that the only charge to be considered against the six remaining defendants was one of engaging in violent disorder.
The six defendants, all from New Ross, are: Raymond Kelly, Brandon Park; Owen Lennon, Barrack Lane; Sinead Kane, Bosheen; Anthony O'Leary, Bosheen Estate; and brothers Ian and Stephen Bolger, Nunnery Lane.
The trial continues today.