A JUDGE yesterday instructed a jury to find five men not guilty of charges related to an attack with hammers and other implements after attempts were made by the chief prosecution witness to “pervert the course of justice”, a court heard.
Judge Tom Teehan made the order at Waterford Circuit Court “with considerable reluctance” and in “highly unusual” circumstances after the witness alleged that one of the accused in court yesterday was not the person he claimed to be during the trial.
The move concerns an alleged attack and ramming incident at the roundabout on the Cork Road in Kingsmeadow on September 9th, 2008, which gardaí said was related to a feud between members of the Traveller community in Waterford.
Yesterday was day three of the trial at the Circuit Criminal Court in Waterford city.
Patrick Burke (28), Farran Park in the city; Martin Burke (24), Shandon halting site in Dungarvan; Patrick Quilligan (28), Williamstown way in the city; John Stokes (48), Shandon halting site; and William Burke (25), The Rock halting site in Bilberry, were found not guilty of violent disorder.
Prosecution witness Patrick Stokes in the trial said that on the date in question, he was coming out of the HSE offices on the Cork Road in a car with driver John Connors, before they were followed, rammed by another car and then attacked.
On Thursday, day two of the trial, Mr Stokes told the jury that he was set upon and attacked with a hatchet, hammers and a Stanley knife and other implements at the roundabout.
However, in evidence yesterday and before the prosecution had conducted its case, Mr Stokes told the judge that one of the accused, Patrick Quilligan, “is not in this courthouse here today”.
“The Patrick Quilligan that assaulted me on that day is not here in court today,” said Mr Stokes.
Meanwhile, Conor Roberts, instructed by solicitor Hilary Delahunty and defending Patrick Burke, said that Mr Stokes was “of dishonest character”.
The judge instructed the jury to record a verdict of not guilty.
Judge Teehan said he withdrew the case “with considerable reluctance” because of a “deal between Patrick Stokes and other people” associated with the case.