Assault case dismissed at Waterford District Court as family 'thwart progress'
Waterford Courthouse
The case of a man who was accused of stabbing his brother has been dismissed at Waterford District Court because his family would not cooperate with the court.
Fortune Eddy (20), of 20 Carn Glas Heights, Gracedieu, Waterford was charged with assault causing harm to his brother at their home on July 11, 2025.
Judge Kevin Staunton said he felt “compelled” to dismiss the case because the family had “thwarted” progress.
The family applauded as the case was dismissed, prompting Judge Staunton to address them directly.
“I don’t know what you are clapping for. He is clearly out of control, and I think something worse will happen. Maybe when he is before the court again, then will you clap?” said Judge Staunton.
Detective Garda Stephen Burke told the court that on the day of the incident, at around 1.30pm, Gardaí took a 999 call from the defendant’s brother saying he had been stabbed.
On the call, which was played in court, the alleged injured party told Gardaí that he was bleeding heavily.
He said he did not know where his brother was because he ran from the house to get help.
A woman who sounded distressed could be heard in the background.
The garda told the man that he was calling for an ambulance.
Garda Burke told the court that he arrived to the estate at around 1.46pm.
He was directed by a number of people to a house where the alleged injured party was sitting.
The alleged injured party was holding his leg, and someone had used a belt as a tourniquet in an attempt to help him.
He told Gardaí that he was in his bedroom when the defendant came in and took his phone.
An altercation ensued, and the defendant headbutted his brother before taking something from his waistband and stabbing him.
The alleged injured party told Gardaí that he ran from the house and was knocking on the neighbour’s doors for help.
CCTV footage shown in court appeared to support this and seemed to show the defendant pursuing his brother.
The alleged injured party jumped through a window in a nearby house that was being renovated, and the homeowners and workers provided assistance.
The man was taken to the hospital, where Garda Burke took his statement.
He was kept overnight for a CT scan to determine if he would need surgery and discharged, having gotten a number of stitches to his left thigh.
Medical notes handed in to the court confirmed this.
Garda Burke told the court that on July 15, he visited the alleged injured party to confirm his statement and that he wanted to pursue the matter.
As evidence, the garda activated his body cam while in conversation with the young man.
The body cam footage was played in court.
Acting for the defendant, solicitor Ken Cunningham put it to the garda that nobody in the house witnessed the assault or the theft, as it is alleged to have happened in a bedroom.
The Garda confirmed this and that the CCTV footage also did not capture the incident.
He confirmed for the court that the only evidence of the assault came from the alleged injured party, who had withdrawn his statement.
He and his father visited the garda station on July 31, and made a further statement in which he said he said he did not wish to pursue the matter any further.
He told Gardaí that his brother struggles with his mental health and that, along with the advice of his father, he had decided the matter could be handled a different way.
Inspector Keith Goff attempted to call the defendant’s mother and brother (the alleged injured party) to give evidence but they refused.
His mother said she had no evidence to give, while the alleged injured party said he had no comment to make.
Judge Staunton said he could not compel the witnesses to give evidence, and they had met the requirement of their summons by attending court.
Inspector Goff requested that they be considered hostile witnesses.
However, Mr Cunningham pointed out that it would only apply to their credibility if they took the stand.
The court still could not compel them to do so.
Judge Staunton said it was clear that even if they took the stand, they would not answer the Inspector’s questions anyway, and so it would not be of any value to the state’s case.
He therefore had no choice but to dismiss the case.
“I feel compelled to dismiss this case. I feel the family is doing this young man no favours, and they have thwarted progress in this case,” said Judge Staunton.
