A new hearing date will be set next month in the case of a man who denies assaulting a woman when she was resident of a nursing home in Galway City.

Brendan Larkin (56), is accused of assaulting Cáit O’Malley at Aperee Living Nursing Home, Headford Road, on October 25, 2023.

The alleged offence is contrary to section 2 of the Non Fatal Offences Against The Person Act.

Larkin, with an address at Sonnagh, Ahascragh, Ballinasloe, is contesting the summons against him and the case opened at Galway District Court but could not proceed.

CCTV footage of the alleged incident was played in court.

Garda Daryl McCarthy said a few days later, nursing home manager Teresa Molloy became aware of the alleged incident, having spoken to another resident.

The court heard Ms Molloy looked at CCTV and contacted Gardaí.

Garda McCarthy said the injured party, Cait O’Malley, had Alzheimers, was unable to make a statement and had since passed away.

Garda McCarthy said he contacted a family member about the case and that person was in court.

At this point, Judge Adrian Harris said he just realised he knew the alleged injured party and the hearing could not proceed.

Defence barrister, Michael Crowe BL, said there was no issue with the court’s decision.

Judge Harris vacated the hearing and adjourned the case to December 2 when a date will be set for a different Judge to hear the case.

■ Funded by the Courts Reporting Scheme.