Gorey based guard who is facing two assault charges fails in his bid to get trial transferred

4h ago

A move by assault accused Garda Ronan Smith to have his re-trial transferred to Dublin failed at Wexford Circuit Court.

The application to have matter switched to the capital was dealt with by Judge James McCourt.

Charges alleging two assaults causing harm to Joseph Kenny at the garda station in Gorey dated back to 2017.

The case was put before a jury last November but the eight women and four men were unable to agree a verdict.

Since then the DPP has ruled that the prosecution should proceed again to trial.

The accused, with an address at Greenane Road in Rathdrum was represented at the hearing of his application by barrister Philip Sheahan.

Counsel was concerned that a report carried in the ‘Gorey Guardian’ and other papers published by the same company might affect jurors’ view of the case.

Mr Sheahan noted in particular that it was reported his client was suspended in the wake of the incident at the barracks in 2017.

It would be safer to have the issued decided in Dublin where the piece in the local paper would be unlikely to have had any impact, he argued.

Appearing for the State, barrister Sinead Gleeson argued that a ‘fade factor’ would apply.

With the re-trial not due to happen until October at the earliest, the memory of the press story would be faint.

Judge McCourt agreed and ruled that there was nothing to warrant a transfer to Dublin, or to any other court in the South East.

He also felt that Smith being suspended did not necessarily imply guilt.

Once a jury was adequately directed, this should not be a problem: ‘I have faith in the system,’ the judge concluded, turning down the application.