Aaron Law death: Fergal Doherty manslaughter charge withdrawn
- Published
A charge of manslaughter against a former GAA captain has been withdrawn as there was "no reasonable prospect" of conviction, a court has heard.
Fergal Gerard Doherty, 41, formerly of the Derry senior county football team, had been charged in relation to the death of 32-year-old Aaron Law.
Mr Law, a father-of-two from the Portglenone area, was found unconscious in the village in November 2022.
He had suffered a head injury and was taken to hospital, but later died.
On Wednesday Ballymena Magistrates' Court heard the charge against Fergal Gerard Doherty was being withdrawn "without prejudice" as the Public Prosecution Service (PPS) is conducting a review of its decision.
Defence solicitor Kevin Casey said the latest decision came as the PPS had decided that looking at the evidence, "it did not meet the prosecutorial test".
"That is to say, there was no reasonable prospect of a successful prosecution," he added.
"So the prosecution are reviewing their own decision for no prosecution?" District Judge Nigel Broderick asked.
The PPS lawyer confirmed: "Yes, at the request of the family."
Mr Law was found lying unconscious outside Pat's Bar, which the defendant owns, shortly after 01:00 GMT on Sunday 30 October 2022.
At an earlier court sitting, defence barrister Joe Brolly said Mr Doherty admitted "striking Mr Law in self-defence".
A detective sergeant said the victim was being "escorted" out of the premises and had a verbal altercation with a doorman.
The defence barrister said his client tried to intervene when Mr Law swung a punch at him and that he "threw a punch back".
The police said Mr Law fell to the ground and banged his head.
"Both the member of door staff and Mr Doherty left him lying on the road and returned to the bar," the detective sergeant told the court.
He said a witness claimed Mr Law had been on the ground for 10 to 15 minutes before Mr Doherty and door staff pulled him off the road and set him against the wall of the bar.
"A member of the public who was sober arrived and noticed he was in need of assistance," the detective said.
He said that shortly after officers arrived they asked Mr Doherty and door staff if they knew about the assault, which they initially denied.
The court was told that the next morning Mr Doherty travelled to his parents' home to tell them what had happened before planning to hand himself into police.
"He showed terrible grief and remorse," his barrister said.
Mr Brolly told the court that "witnesses make it clear that this was self-defence… there is no evidence which contradicts this".
He added that this was a "difficult situation where a young man has lost his life".
Judge Broderick marked the charge was "withdrawn without prejudice" and that it is dependant on the PPS review "whether it goes any further".
- Published3 November 2022
- Published1 November 2022