A Rosmuc man, who was unsuccessful in his five-year bid to have his trial heard in Irish in front of a bilingual jury, will have to wait a bit longer as the matter was yesterday adjourned until March when a new trial date will be fixed.
Peadar Macken, a native of Rosmuc, with an address at Fairgreen Hostel, Galway, was initially in 2008, with assaulting Martin Whelan, causing him harm at Beal an Dangan on May 28th, 2008, and with producing a bottle in the course of a dispute on the same occasion.
The delay in bringing the charges to trial before Galway Circuit Criminal Court arose when Mr Macken brought an application before that court in 2009, stating it was his constitutional right to have his trial heard through Irish in front of a bilingual jury. The application was rejected by then Circuit Court judge Raymond Groarke and his ruling was later upheld by the High Court and the Supreme Court.
The matter was then returned to the Circuit Court in Galway and Mr Macken’s trial was listed for hearing in front of an English speaking jury panel. However, it emerged today that the main Garda witness in the case is now ill and could not attend court.
Ms Rebecca MacCana, defending, said the garda was a crucial witness in her client’s case and the trial could not proceed in his absence. Prosecuting barrister, Conor Fahy agreed. He intimated to the court that the garda had been extremely ill and a medical report handed into court started he had to undergo another medical procedure in the autumn.
Judge Rory McCabe agreed to adjourn the matter to March 6th, when a new date might be fixed for the trial.