Beer bottle assault charge is halted in legal hitch
A YOUNG man accused of striking a partygoer over the head with a beer bottle has had the charge against him struck out.
John Keena (24) was alleged to have left the victim with head and face injuries following the roadside assault.
However, the summons was struck out by Judge Ann Ryan after she refused jurisdiction of the matter.
The judge said she did not have the power to send the matter forward to the Circuit Court, and she had no option but to strike it out.
Keena, pictured right, of Tulsk, Co Roscommon, appeared before Dun Laoghaire District Court charged with seriously assaulting a young male.
The alleged incident took place at Castlebyrne Park, Newtownpark Avenue, Blackrock on November 1, 2007.
A court heard the DPP had directed summary disposal of the matter in the District Court.
Outlining the allegation for jurisdiction purposes, Garda Daniel Eckles said it would be alleged that Keena and a group of youths were drinking in Castlebyrne Park.
The alleged victim was at a party nearby and he was standing outside the house when Keena came along and asked him if he had a cigarette.
Gda Eckles said it would be alleged the victim said he did not have a cigarette and Keena suddenly struck him over the head with a beer bottle.
The court heard it would be alleged the victim was left with head and face injuries. A medical report and photographs were handed in.
Garda Eckles said the men did not know each other, and it was a random assault.
Judge Ryan said she could not accept jurisdiction.
However, following the recent Supreme Court judgment in Reade v Judge Reilly and the DPP, Judge Ryan said she did not have the power to adjourn the matter for service of the book of evidence.
She had no option but to strike the case out.