THE brother in law of murder, victim Philomena Gillane was returned for trial yesterday on charges of assaulting a garda after Judge Al O'Dea in Gort District Court found he had a case to answer.
Mr Kevin Gillane (38), of Glenbrack, Gort, Co Galway, is charged with assaulting Garda William Beirne, causing him actual bodily harm, at Ballindereen, Co Galway, on May 7th last.
He was also charged with common assault of the garda on the same occasion.
Judge O'Dea, said that, having read the book of evidence, he found that the defendant had a ease to answer and returned him for trial at Galway Circuit Court on April 23rd next.
Mr Gillane's brother, Mr Pat Gillane, husband of Mrs Gillane, faces the same charges, the court heard.
Mr Justin Sadlier, solicitor for Mr Kevin Gillane, said that there had been an attempt to link the two men but they wanted separate trials. Given comments in the press over the past 18 months, it was clear it would be better to have separate trials. It would be quite unfair to link them, he said.
Judge O'Dea noted that Mr Kevin Gillane could call for a separate trial when his case came before the Circuit Court.
Supt Paul Mockler, prosecuting, objected to Mr Sadlier's use of the word "unfair". There were two co accused, he said. The circumstances were the same and the prosecution had arisen out of the one incident. There was no unfairness involved, he said.
Mr Gillane was remanded on bail.