A date has been set for the case involving the newly elected Kerry County Councillor Jackie Healy-Rae, who is alleged to have assaulted a 30-year-old English visitor to Kenmare, causing harm, in December 2017.
Kenmare District Court heard how because of a lack of facilities in the court houses in Kerry, CCTV footage would have to be shown a number of times on a laptop so everyone in court could view it.
Mr Healy-Rae (24) works as a parliamentary assistant for his father Michael Healy-Rae TD. A younger brother, Kevin, is a co-accused, along with a third man.
Their first appearance before the court in Kenmare was in April and the matter had been adjourned for mention to Friday to set a date for hearing.
When the case was called, solicitor Padraig O’Connell, reminded the court a formal application to have his client’s attendance dispensed with “in relation to council matters” had been made earlier this week.
This was in reference to the fact the first meeting of Kerry County Council, the annual general meeting, was taking place in Tralee also on Friday.
While the poll-topping councillor had been excused from attending the hearing, both other accused were in court.All three are denying the charges and are contesting the case.
Mr O’Connell said he had received disclosure and this included CCTV footage, but he was not satisfied he had all the disclosures in what the solicitor had already described as “an enormous file”.
His clients were “very anxious to have the matter dealt with,” the solicitor added.
Judge David Waters enquired how the State proposed to show the CCTV and how long it would be. There was still no proper set up in the district courts in Kerry for the showing of such footage and the courts were “still waiting for our new facilities,” the judge said.
Sgt Miriam Mulhall-Nolan, prosecuting, informed him a laptop would be used.
Kenmare Sergeant Derek Fleming said the footage was short, “just one portion, three to four minutes at most”.
The footage will have to be shown a few times, because of the lack of facilities, and everyone should be able to view it, the judge said.
Jackie Healy-Rae is accused of assaulting Kieran James (30) causing him harm on December 28th 2017 at Main Street, Kenmare contrary to Section 3 of the non-fatal Offences Against the Person Act. He is also accused of a common or Section 2 assault on Mr James, at East Park Lane, Kenmare.
Kevin Healy-Rae (22) is accused of assaulting Kieran James causing him harm at Main Street, Kenmare. Both Healy Rae brothers have addresses at Sandymount, Kilgarvan.
A third man, Malachy Scannell (34) of Inchinacoosh, Kilgarvan, is also accused of a Section 3 assault against Mr James on the same date at Main Street, Kenmare. He is also accused of assaulting another man, Cornelius O’Sullivan, and damaging a pair of prescription glasses belonging to Mr O’Sullivan.
The hearing date has been set for September 6th.