Cllr Sean McEniff
A judge has deferred an alleged assault case involving a former Bundoran Town Councillor until the end of January, to determine when, if ever, County Cllr. Sean McEniff will be fit enough to give evidence.
Cllr. McEniff has been summonsed to attend Ballyshannon district court as a witness in the case, which involves former Bundoran Town Councillor Florence McNulty (56) of The Palace, Main Street, Bundoran, who is charged with allegedly assaulting Garda Helen Munnelly. Her son Joseph McNulty (34) of 85 Doran Close, Bundoran is charged with alleged threatening, abusive or insulting behaviour as is her husband, Thomas McNulty (57) of Main Street, Bundoran. All charges relate to an incident which occurred at Bundoran Town Council offices on February 10th, 2014.
Speaking on behalf of Cllr. McEniff at court today, solicitor Gerry McGovern said, "He is still indisposed and will be for a long time." Doctors have advised him that Cllr McEniff will remain in intensive care for the next three months.
Mr McGovern suggested that the case could proceed without Cllr. McEniff, noting that the court had his sworn statement "If Mr McEniff was in the full of his health, and came in tomorrow, his evidence is his statement. He would be fully within his rights to say 'that is my evidence and I have nothing further to add.'"
Mr McCoy insisted it was essential that Cllr. McEniff give evidence in person, saying he felt his case would be prejudiced if he didn't.
Judge Paul Kelly commented, "I disagree. The point remains is that he has given his version of events. It is not permissable for you to call in a defence witness and try to undermine his evidence, and try to somehow trap him."
The judge continued, "It's very close, in my opinion, to be an abuse of process. If Mr McEniff does make it to court, I can assure you that I will keep a very tight rein on you."
He adjourned the case to January 27th, asking Mr McGovern to obtain more detailed medical information, indicating some kind of prognosis, if possible.