By Gordon Deegan
A judge has told a court that a farmer’s new baby will be one month old by the time of the July court and he has to attend court then.
At Gort District Court this week, Judge Marian O’Leary made her comment after being told that 41-year-old Brian Gill of Cahermore, Kinvara, Co. Galway could not attend court as his partner was undergoing a C-section procedure for the couple’s baby.
In court in February, Judge O’Leary found ‘arch-enemies’ Brian Gill and 54-year-old Brendan Forde both guilty of assault after hearing conflicting versions of two altercations in the Gill farmyard on July 1, 2021.
The altercation involved Gill and two members of the Forde family including 83-year-old Michael Forde.
Assault
The court heard previously that Brendan Forde arrived without shoes and socks at Brian Gill’s farmyard and told his neighbour while putting on his socks “when I have my stockings on, I’ll get you”.
In evidence, Brendan Forde admitted that he struck Gill with the iron bar but it was in self-defence and denied making the “I’ll get you” threat.
In court this week, acting as agent for Gill’s lawyer, barrister James Fahy said that Gill couldn’t attend as his partner was undergoing a C-section procedure in hospital.
Adjourning the case to July 25, Judge O’Leary stated: “The baby will be one month old at that stage so Mr. Gill has to be here on the next date. No further adjournments. Everyone to be here.”
The case had been adjourned to this week for both Gill and Forde – who was in court – to provide victim impact statements.
Counsel for Brendan Forde, barrister Aisling Wall told Judge O’Leary that she was only provided with Gill’s victim impact statement in the last 10 minutes “and we would have a number of issues with Mr. Gill’s statement”.
She said: “Mr. Forde’s victim impact statement has already been shared.”
Judge O’Leary said that it was not acceptable Mr. Gill’s victim impact statement “was only handed over today”.
Aisling Wall said: “I anticipate an issue over Mr. Gill’s statement.”
Judge O’Leary requested that the issue be resolved before the next court otherwise she will require “someone to go into the box and be cross examined on it”.
Court decision
In court in February, Judge O’Leary said that it is clear that the Fordes and Brian Gill were “once friends and neighbours and they are now arch-enemies”.
Judge O’Leary found Brendan Forde of Caherawoneen, Kinvara, Co. Galway guilty of assault causing harm of Brian Gill after striking him with the iron bar and producing a weapon capable of inflicting serious injury contrary to Section 11 of the Firearms and Offensive Weapons Act.
Judge O’Leary said: “The use of the iron bar was not in self defence and not proportionate in the circumstances. Brendan Forde is very lucky not to be before a court on more serious charges.”
Judge O’Leary said that “by his own admission, Brian Gill punched Brendan Forde in the eye and is guilty of assault”.