Judge refuses jurisdiction on Ballyshannon man on serious assault, burglary charges

A District Court Judge has refused jurisdiction in the case of a Ballyshannon man accused of burglary and a serious assault.

Judge Éiteáin Cunningham viewed a medical report and photos of injuries in the case of Conor Gilmartin, which was before Donegal District Court.

The 30-year-old Gilmartin, of East Rock, Ballyshannon, is charged with burglary and of assaulting a man and causing him harm.

The charges relate to November 16, 2024 at Main Street, Laghy.

Gilmartin is charged with assaulting Shaun Gallagher and causing him harm. The charge is contrary to section 3 (1) and 3 (2) of the Non-Fatal Offences Against the Person Act, 1997 as amended by section 20 of the Criminal Justice (Miscellaneous Provisions) Act, 2023.

Gilmartin is also charged with having entered a building known as the home of Shaun Gallagher as a trespasser that he did commit an arrestable offence, to wit assault causing harm, therein. 

That charge is contrary to section 12 (1) (b) and (3) of the Criminal Justice (Theft and Fraud Offences) Act, 2001.

Inspector Tony Byrne handed a copy of a medical report and photos of the injuries to Judge Cunningham.

The Judge said she was refusing jurisdiction as a fracture was sustained and surgical intervention was required.

Gilmartin was represented by solicitor Ms Sinead Whelan. 

The case was adjourned for further directions.