A witness at the trial of a former Clare hurler, accused of assaulting a 12-year-old boy, has clarified remarks he made about the incident in a garda interview.
The boy, who was with the injured party in the Jamaica Inn, told Ennis Circuit Criminal Court this afternoon that he did not see Niall Gilligan hitting his friend.
Earlier today, a recording of his November 2023 interview was played to the court.
In it, the boy initially said "I could just see him hitting him", before adding "I didn't see him hitting him I just seen him coming over".
This afternoon, the witness, who is now 13, said "I misphrased that", confirming that he saw "Niall coming at him with a stick about to swing it.
"I heard the noise of it smacking off (the other boy)… I didn’t see him hit him".
He made the remarks during cross examination by defence barrister Patrick Whyms.
The boy said he had been in the property on one previous occasion, prior to 5 October 2023.
On his first visit, the boys sprayed fire extinguishers and moved a bunch of keys from a box, to a bush at the back of the Jamaica Inn, "in case we wanted to get in again".
When it was put to him that he had failed to mention the use of fire extinguishers during his garda interview, the boy said he was not asked about it.
Instead, he said he felt the most important aspect of the conversation at the time was "the horrible thing that happened to my friend".
In his garda interview, he said he entered the building through a side door, which was open.
However, Mr Gilligan says the door was locked.
This afternoon, the boy conceded they had used the keys to gain entry. He said he believed "stealing was a harsh word to use" in relation to the keys "as (they) never left the property".
Mr Whyms said his client told gardaí that there had been a number of break ins at the property, where fire extinguishers had been let off, keys were missing, windows had been broken and a fire had been started in one of the rooms.
As a result, Mr Gilligan had boarded up any broken windows and locked all the doors into the building.
On the evening of 5 October he was upstairs in the building and heard people downstairs.
As it was dark and in light of recent vandalism, he took a stick and went to investigate.
Mr Gilligan contends that his first interactions with the children were inside the hostel.
However, the boy said he "completely disagreed" with this, saying the first time they saw Mr Gilligan was outside the property.
His cross examination has now completed.
Niall Gilligan, with an address at Kilmurray, Sixmilebridge, Co. Clare, has pleaded not guilty to assault causing harm, at the Jamaica Inn Hostel on 5 October, 2023.
The 48-year-old also denies a second charge of producing a wooden stick, capable of inflicting serious injury, at the same address on the same date.
The trial is continuing.
