Witness not available

The trial of a 17-year-old Galway youth charged with the manslaughter of a Tipperary man in Eyre Square was adjourned due to …

The trial of a 17-year-old Galway youth charged with the manslaughter of a Tipperary man in Eyre Square was adjourned due to the unavailability of a witness at Galway Circuit Court yesterday.

It was the fourth day of the trial of Mr Gerry Barry, of St James Crescent, Mervue, who has denied the manslaughter of Mr Colm Phelan (26), of Main Street, Roscrea, in the early hours of July 21st, 1996.

Mr Barry has also denied a lesser charge of engaging in violent disorder.

Judge Raymond Groarke told the jury that a difficulty had arisen in relation to the unavailability of a prosecution witness. He adjourned the case until 10.30 a.m. on Tuesday.

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On Thursday another prosecution witness told the court he had been threatened and warned not to give evidence in relation to the events which led to Mr Phelan's death. Mr Brian McDonagh told the court that he had seen Mr Barry standing near the man on the ground, but did not see him do anything to the man.

He agreed he had made a statement to gardai that he had seen Mr Barry kicking and punching the man on the ground. But this was not true. He had been under pressure at the Garda station when making the statement and his head was not clear. He added that he had been threatened by men in a car late at night in the Ballybane area of the city.