A man accused of assaulting Dermot McArdle the Dundalk man convicted of killing his wife in Spain 17 years ago, has had the case against him struck out after the Defence successfully argued there were errors in the summonses against him.
Richard Moran (27) of Doylesfort Grove, Dundalk – a nephew of Mr. McArdle’s wife Kellyann Corcoran, denied two counts of assault, dangerous driving and threatening and abusive behaviour at Carrickaneena on December 7th 2014.
The contested case was part heard in Dundalk District Court last September, with the case adjourned until last Wednesday for the Defence to be heard.
Dermot McArdle and his partner, Clare Dollard, gave evidence alleging that they were driving with their young children at around 12.15pm and were heading to Jonesboro’, having gone under Faughart bridge.
Ms. Dollard and Mr. McArdle said they pulled over when a car stopped in front of them and alleged that Richard Moran got out and began threatening them, kicking their car door.
When Ms Dollard tried to stop him, they alleged that the defendant pushed her and Mr McArdle pushed him. There was a scuffle between the men before Richard Moran drove off.
A garda the couple reported the incident to at Dundalk Garda Station, said he noticed two scratches on Mr McArdle’s neck and his thumb was swollen.
When questioned initially about assaulting the couple, Richard Moran denied the allegations, and subsequently said he may have been at mass in St. Patrick’s around that time.
The investigating garda, said it was mentioned to him as he was going out the door after the statement was made, and the court heard he did not check CCTV from the area.
In applying for the summonses to be dismissed, the Defence solicitor argued that Ms. Dollard didn’t give evidence of where the alleged incident took place and that Mr McArdle had said it happened close to Faughart bridge, which was not in the townland of Carrickaneena, some two miles away from there.
She further argued that the registration on the summons alleging dangerous driving gave Ms. Dollard’s car registration, and not the defendant’s. That summons was struck out, after this was confirmed to the court.
Inspector John O’Flaherty said the incident happened on the road to Joneboro and Carrickaneena is on the same road, however, Judge Brennan said the ‘summonses are erroneous on the location’ and dismissed them.