19/06/2007
Pensioner denies shooting Fermanagh child
A pensioner accused of shooting a five-year-old boy in a school playground has today declared his innocence.
Fergus Cleary, 72, of Ballydoolagh Road in Garvary, outside Enniskillen has been charged with unlawfully and maliciously wounding Darragh Somers.
Darragh was critically injured and spent two months in hospital after being shot in the back of the head as he played at St Patrick’s Primary School in Mullanaskea.
Surgeons carried out two major operations to remove a rifle bullet from his skull.
Cleary spoke only to say “not guilty” to the charge.
Barrister Gary McHugh told the court the man’s wife had passed away since the shooting.
He said: “The incident occurred over two years ago and Mr Cleary was interviewed at a very early stage. The vast majority of the forensic analysis was completed within months.
“Mr Cleary’s wife has since passed away. She was with him on the day the incident occurred and she’s the only corroborative witness… yet the police decided not to interview her.”
Mr McHugh also said he would be attempting to have the case heard in another division.
Judge David McFarland told Cleary he was not in a position to fix a date for his trial to begin.
He released the man on a £500 bail and listed the case for next September.
(JM/KMcA)
Fergus Cleary, 72, of Ballydoolagh Road in Garvary, outside Enniskillen has been charged with unlawfully and maliciously wounding Darragh Somers.
Darragh was critically injured and spent two months in hospital after being shot in the back of the head as he played at St Patrick’s Primary School in Mullanaskea.
Surgeons carried out two major operations to remove a rifle bullet from his skull.
Cleary spoke only to say “not guilty” to the charge.
Barrister Gary McHugh told the court the man’s wife had passed away since the shooting.
He said: “The incident occurred over two years ago and Mr Cleary was interviewed at a very early stage. The vast majority of the forensic analysis was completed within months.
“Mr Cleary’s wife has since passed away. She was with him on the day the incident occurred and she’s the only corroborative witness… yet the police decided not to interview her.”
Mr McHugh also said he would be attempting to have the case heard in another division.
Judge David McFarland told Cleary he was not in a position to fix a date for his trial to begin.
He released the man on a £500 bail and listed the case for next September.
(JM/KMcA)
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The 73-year-old farmer who admitted that he shot a five-year-old boy in the head by mistake at a school playground near Enniskillen has been fined £5,000 - and escaped a jail sentence. Fergus Cleary of Ballydoolagh Road, Garvary admitted maliciously wounding Darragh Somers more than two years ago.
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The 73-year-old farmer who admitted that he shot a five-year-old boy in the head by mistake at a school playground near Enniskillen has been fined £5,000 - and escaped a jail sentence. Fergus Cleary of Ballydoolagh Road, Garvary admitted maliciously wounding Darragh Somers more than two years ago.
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