A judge has dismissed an assault charge against the beef farmer son of Euromillions winner, Dolores McNamara.
At Ennis District Court, Judge Mary Larkin dismissed the assault charge against Gary McNamara following an application by his solicitor, Daragh Hassett.
Mr Hassett made the application after the complainant in the case, Bernard Earley, failed to attend court last month for a scheduled hearing of the contested assault case.
Mr Earley was given more than two weeks to provide medical evidence as to why he was unable to attend court.
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Dismissing the case, Judge Larkin described Mr Earley as “a reluctant witness”.
Judge Larkin stated that she was dismissing the matter after Mr Earley had not been able to provide medical evidence as to why he was not able to attend court last month.
The court was told previously that Mr Earley could not come to court due to a medical issue involving a close family relative.
In court, Sgt Aiden Lonergan told Judge Larkin: “The State has sought confirmation of the position as we had outlined to the court. The State has been more than engaging with him.”
Judge Larkin then dismissed the matter and Mr Hassett said: “Thank you very much Judge.”
In the now dismissed case, Gary McNamara (43) of Ruan Manor, Ruan, Castleconnell, Co Limerick had denied the minor assault charge on Bernard Earley at Ennis Mart on August 17th 2021.
In his initial application to have the case dismissed last month, Mr Hassett told Judge Larkin “Myself and my client have a certain view of the alleged injured party in this case in relation to his motives.”
Mr Hassett said that after the last call-over of cases in September, the case was reported in the media.
Mr Hassett said that after the case was reported, there was a phone call from the area where Mr Earley to his office “asking for a phone call back from me to discuss the case”.
He said: “I thought that this was improper.”
Mr Hassett said the CCTV evidence in the case was of no assistance to the prosecution case and very helpful to his client’s defence.
Mr Hassett said the CCTV footage shows “nothing happens”.
A native of Limerick, Mr McNamara farms a substantial landholding in east Clare. His mother, Dolores, won a then record €115 million EuroMillions jackpot in August 2005.