A man accused of assaulting a child he believed had been throwing stones at passing cars, had his case dismissed at Dundalk district court last week.
It emerged during the hearing that the now 11 year old did not understand what giving evidence under oath means.
42 year old Innocent Wilson with an address at Woodland, Dunleer had contested the charge of assault at Main Street, Dunleer on the 23rd of May last year.
The court heard last Wednesday that when the investigating garda spoke to the defendant about the allegation he told him that “Irish children have no manners. In Africa you’d be allowed smack them on the bum bum for this behaviour”.
CCTV footage from a supermarket was then shown to the court.
The Defence barrister put it to the investigating officer that two boys were seen running away and another boy pointing at them to the defendant, who ran after them...and while she said the injured party would say there were others throwing stones, the garda confirmed that there was only one group shown.
The alleged victim was then called to give evidence by video-link, but Judge Flann Brennan dismissed the case, when the 11 year old replied “No” when he asked him if he understood what an oath means.