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Knife possession dismissed

This article is from page 51 of the 2012-01-31 edition of The Clare People. OCR mistakes are to be expected so download the original SWF or the rendered page 51 JPG

A MAN alleged to have been carrying a knife in Ennis last September told Gardaí he had it for his own protection, a court has heard.

The detail emerged at Ennis District Court last week where a Judge dismissed a case against William McDonagh.

It had been alleged that McDonagh (20) with an address at 32 Clancy Park, Ennis was in possession of a knife at Hermitage, Ennis, on September 21 (2011).

Detective Brendan Rouine told the court that he had been on patrol with a colleague when he observed McDonagh coming towards him.

Detective Rouine said that he saw a blade of a knife in McDonagh’s tracksuit pocket.

He said that when he asked him why he had it, McDonagh said it was “for his own protection”.

Detective Rouine said he had been aware that the accused had been involved in a dispute.

However, Judge Aeneas McCarthy subsequently dismissed the case af- ter Detective Rouine said that he had brought a copy of a statement into the witness box with him. Judge McCarthy said this was “totally and utterly out of order”. Detective Rouine said he had not referred to the statement during his evidence. Insp John Galvin said he had not been aware that the Detective had brought the statement with him. Solicitor Tara Godfrey asked that the court to consider dismissing the case against her client. Judge McCarthy dismissed the case, saying, “justice must not just be done, it must be seen to be done”. Judge McCarthy acknowledged that Detective Rouine had not looked at the statement. He added that he was not casting any aspersions on him.

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