A man who was allegedly lured to a house and beaten unconscious wants to withdraw the claim, Naas District Court heard on March 23.
Stephen Cross, 28, whose address was given as 13 Grove Heights, Robertstown; his brother Thomas Cross, 39, whose address was also given as 13 Grove Heights and John Coyne, 30, whose address was given as 23 Grove Heights, Robertstown, are each being prosecuted for assault at 13 Grove Heights on March 14 last.
At the initial hearing the court was told it would be alleged the injured party got a phone call from Stephen Cross inviting him to a house in Robertstown and it was claimed that he and the injured party knew each other.
It was alleged the injured party, a man from Kildare town, was beaten by the defendants.
It was further alleged he was stabbed, a brush handle was broken and a rum bottle was used in the incident.
Solicitor Tim Kennelly told the court that he was approached by the alleged injured party on the steps of the court that day and he indicated he wished to withdraw the statement and added the man had gone to the gardaí in Naas about this the previous day.
Mr Kennelly said he redirected him to the gardaí and added that he has concerns because the three men are only in custody on their allegations.
He said the investigation should be expedited because of this development.
Mr Kennelly said the injured party had identified himself by name.
“He said he was there of his own accord,” Mr Kennelly said, asking that the three men be released on their own bail.
“It’s concerning to say the least that they are in custody,” said Mr Kennelly.
Sgt Jim Kelly said the case is still under investigation and awaiting direction about how it may proceed.
He said investigating gardaí would be informed of this.
Judge Desmond Zaidan said Mr Kennelly had handled the approach in a professional manner by directing the man to the gardaí.
He also said the allegations are very serious and the defendants are not unlawfully in custody.
He also said that the approach by the man will form part of the investigation and adjourned it to April 6.
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