A Tralee man accused of hitting another man in the eye with a hammer has been found not guilty.
37-year-old Malcolm Kelly of Spa Road, Tralee, had been on trial in Tralee Circuit Court this week, in relation to the alleged assault on the 18th January 2018.
Mr Kelly stood trial on one count of assault causing harm to a man in January 2018.
The alleged assault took place on the River Lee walkway behind the Aqua Dome, after the complainant turned up to buy drugs.
The court had previously heard evidence from the complainant, Colm Buckley, from the investigating garda in the case, Niall O’Connor; and the jury were provided with exhibits, including photographs.
In the closing speeches, prosecuting barrister Tom Rice asked the jury to use common sense regarding the competence of investigating gardaí and argued that the state forensics were correct not to conduct DNA sampling.
Defence barrister Katie O’Connell said that the state did not provide a single shred of evidence to convict. She argued no CCTV, no independent witnesses, and no hammer were produced.
Addressing the jury of nine men and three women, Judge Sinead Behan said they must be satisfied beyond a reasonable doubt that he committed the offence, or otherwise acquit the defendant.
After less than an hour of deliberations, the jury returned their verdict which found Malcolm Kelly not guilty.
