Assault charges struck out, as witnesses on holidays

A WESTPORT man accused of assaulting a female outside a Westport hotel had all charges against him struck out because the key state witnesses were on holiday in Spain.
Michael John Cannon of Moate, Ayle, Westport was due to face trial after pleading not guilty to three charges at last week’s sitting of Castlebar Circuit Court.
He was charged with assault causing harm to Heather Ellis at a location on Castlebar Street, Westport on April 29, 2015, and production of a knife and possession of a knife at Parnell Court, Westport, also on April 29, 2015.
A jury had been sworn in to hear the trial but Judge Rory MacCabe was informed the two witnesses including the injured party were on holiday in Spain. Mr Patrick Reynolds, BL for the State stated that gardaí had contacted the witnesses and enquired about flying them home but it was not possible.
The court heard that the two witnesses had not been served with witness summonses and Diarmuid Connolly, BL for Mr Cannon applied for the charges against his client to be struck out.
Judge MacCabe said that he had not been given any explanation ‘good, bad or indifferent’ why the injured party had not been issued with witness summones. He said the cases had been listed for hearing and the absence of an explanation was not good enough and so struck out the charges against Mr Cannon.