Kerry assault case dismissed after State witnesses tell contradictory stories
The KerrymanA judge dismissed an assault case when two witnesses for the State gave contrasting versions of events.
Anne Marie Heaphy (44) of Manor Drive, Tralee was charged with assaulting Chanel Wattam on July 15, 2024 at Cluain Lair, Lohercannon, Tralee.
First, a video from Ms Wattam’s mobile phone played, showing an altercation between herself, the defendant and a witness. Ms Wattam appeared extremely animated in the video,
She took the stand to give testimony for the State and told the court Ms Heaphy swung out and hit her under the eye during the dispute.
Ms Wattam said she had a time-stamped photo from 11pm that day that showed a mark under a swollen eye. It was shown to the court presenter.
The second witness for the State, Clodagh O’Connor, said there was no assault.
“Chanel was pointing her finger,” said Ms O’Connor, a friend of the accused. “Her finger was in Anne Marie’s face more or less, and Anne Marie went to put up her hand."
She alleged she went to Ms Wattam’s house later that day and no bruise was visible.
“There was no contact, there was no assault,” said Ms O’Connor.
Judge David Waters said the State had presented witnesses with contradictory versions of events.
“You don’t have to call a witness just because you have a statement,” he said.
“Certainly, I can’t convict on the assault,” he said. “Two different cases were put before me. The State called two witnesses and put forward two different scenarios.”
He turned to Ms O’Connor. “Next time your friend is involved in something like that, stay out of it.”
He looked at Ms Wattam. “Next time, stay calm, will you?”