A MAN who was shot and injured in a city centre flat recently had his sentence in a Dublin Circuit Criminal Court assault case further adjourned to October 11th.
Laurence Shelly did not appear before the President of the Circuit Court, Mr Justice Frank Spain, who was told about the shooting.
Mr Justice Spain adjourned sentence on Shelly a year ago in a case in which Mr Patrick Pettigrew, an epileptic, lost his right eye in what was described as an alcohol fuelled fracas in a pub on February 2nd, 1994. Few witnesses would make statements about it.
Shelly (36), of Lower Dorset Street, Dublin, admitted assault, occasioning actual bodily harm to Mr Pettigrew on that occasion.
Mr Justice Spain said he believed, after considering the evidence, that both men fell over a table and a broken glass struck the victim in the eye.
He had adjourned sentence to enable Shelly pay £1,500 compensation. No compensation has been paid to date. Mr Justice Spain agreed last year that Shelly was unable to pay compensation in the amount due to his victim.
Det Garda Kevin Fields agreed with Mr Justice Spain at the original hearing he was puzzled by the case. Both men had been friends beforehand.
Det Garda Fields agreed also with Mr Patrick Marrinan, defending, that there was no direct evidence a glass was used. Both men fell over tables and onto the bar floor. They had both consumed a lot of alcohol.
Mr Pettigrew lost his right eye and got 36 stitches for his injuries. Shelly got nine stitches and made a frank statement though his version differed to his victim's, said Det Garda Fields.
Shelly said they had been the best of friends and bought each other drinks before having a fracas in the toilet. He agreed he used a stool when he attacked Mr Pettigrew later in the bar. He was sorry for what happened.
Mr Pettigrew said he only recalled shouting and being knocked onto the floor before he passed out. He suffered from epilepsy and had a fit.
Mr Marrinan said the prosecution accepted Mr Pettigrew's injuries were accidental and not intentional. Shelly pleaded guilty as he accepted he used excessive force.