Two Sligo men were last night found guilty at Sligo Circuit Court of a serious assault on a US writer, Mr Robert Drake.
Glen Mahon (21), of Banks Drive, Cranmore, Sligo, and Ian Monaghan (20), of Ashbrook, Pearse Road, Sligo, were remanded on bail for sentence on January 11th. They had pleaded not guilty to intentionally or recklessly causing serious harm to Mr Drake at his flat at Holborn Street, Sligo, on January 31st last.
The jury brought in a majority verdict of 10 to 1 at 8.12 p.m.
Confusion had arisen earlier when Judge Anthony Kennedy rejected a guilty verdict. The jury had retired at 5.32 p.m. under instruction that it was not to return with anything except a unanimous verdict within a period of two hours and 10 minutes. It returned at 6.25 p.m. and indicated it had come to a majority verdict of 10 to 1 on each charge, with the word "reckless" written after each verdict.
Judge Kennedy said the verdict was "unacceptable". It was premature for the jury to do what it had done. He instructed it to retire again, which it did at 6.40 p.m.
When the accepted verdict was announced, Mr John Phelan SC, for the defence, said what had happened was "unprecedented and highly unusual".
"I don't know where I stand," said Mr Phelan, when asked if he was making a plea of mitigation. "I have never come across this before personally, and I need time to consider my position. "In the event that this matter should be heard in a different venue, the procedure adopted by the jury could be seen as unsound and unsafe."
In that case, Mr Phelan added, any time his clients served in pri son would be unnecessary. He requested that bail be granted to allow probation reports to be prepared.
During a five-day trial, the court heard that Mahon admitted striking Mr Drake with his fist. Monaghan claimed Mr Drake had made a sexual advance to him.
In their statements, the men said they had gone to Mr Drake's flat at his invitation and he had offered them drink and cigars.